Boikov v Nationwide News Pty Ltd [2015] NSWDC 193

District Court New South Wales

Medium Neutral Citation: Boikov v Nationwide News Pty Ltd [2015] NSWDC 193 Hearing dates: 28 August 2015 Date of orders: 28 August 2015 Decision date: 28 August 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to UCPR r 14.28 imputations 6(a) and 8(a) are struck out. (2) Pursuant to UCPR r 14.28, imputation 6(b) and 8(b) are struck out. (3) Pursuant to UCPR r 28.3, imputations 6(e) and 8(e) are not capable of being conveyed and will be struck out. (4) Imputations 6(f) and 8(f) are to be pleaded as fall-back imputations to imputations 6(i) and 8(i). (5) Pursuant to UCPR r 28.3 imputation 10(c) is capable of being conveyed and will go to the jury. (6) Pursuant to UCPR r 28.3 imputation 10(f) is not capable of being defamatory and is struck out. (7) The defendant's objections to imputation 10(g) pursuant to UCPR r 14.28 are dismissed. (8) Pursuant to UCPR r 14.28 imputations 14(b) and 16(b) are struck out. (9) All remaining imputations not challenged will go to the jury. (10) The plaintiff is to pay the defendant's costs of and incidental to the argument today. (11) Amended statement of claim in 7 days. (12) Proceedings stood over for directions to 10 September 2015 at 2 pm, noting that the defendant may join in the application to strike out any claim for special damages unless such claim is particularised. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 28.3 Cases Cited: Boikov v Dailymail.com Australia Pty Ltd [2015] NSWDC 192 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Haddad v Nationwide News Pty Ltd; Cheikho v Nationwide News Pty Ltd [2013] NSWSC 2027 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 Sergi v Australian Broadcasting Corporation [1983] 2 NSWLR 669 Waller v Nationwide News Pty Ltd [2011] NSWSC 611 Younan v Nationwide News Pty Ltd [2013] NSWCA 335 Category: Procedural and other rulings Parties: Plaintiff: Simeon Boikov Defendant: Nationwide News Pty Ltd (ACN 008 438 828) Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Ms L Barnett