Sarina v Fairfax Digital Australia and New Zealand Pty Ltd [2015] NSWDC 196

District Court New South Wales

Medium Neutral Citation: Sarina v Fairfax Digital Australia and New Zealand Pty Ltd [2015] NSWDC 196 Hearing dates: 26 March 2015 Date of orders: 26 March 2015 Decision date: 26 March 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Note the application is brought pursuant to rr 14.28 and 28.2 Uniform Civil Procedure Rules 2005 (NSW). (2) No objections taken to imputation 4(a), this imputation will go to the jury. (3) Imputation 4(b) struck out as being defective in form. The plaintiff is granted leave to replead. (4) Imputation 4(c) is struck out with leave to replead. The revised imputation must differ in substance from imputations 4(f) and 4(m). (5) Imputation 4(d) is withdrawn. (6) Imputations 4(e)(i) and 4(e)(ii) will go to the jury as alternatives. (7) Imputation 4(f) and 4(m) will go to the jury. (8) Imputation 4(g) as originally pleaded ("The plaintiff threatened Tim Xenos with death by drug overdose or by pushing him over the rails of a high rise tower") will go to the jury. (9) Imputation 4(h) will go to the jury. (10) Imputation 4(i) will go to the jury. (11) Imputation 4(j) is struck out. (12) Imputation 4(k) will go to the jury. (13) Imputation 4(l) will go to the jury. (14) Imputation 4(n) is struck out with leave to replead. (15) Grant the plaintiff leave to replead imputations 4(o), 4(p) and 4(q) as one imputation, with imputation 4(r) as a fall back. (16) Imputation 4(s) is struck out. (17) Imputation 4(t) is struck out with leave to replead with extrinsic facts and strike out the words "close criminal associate". (18) Costs to be costs in the cause. (19) Amended Statement of Claim in 7 days. (20) Objections to Amended Statement of Claim 7 days thereafter. (21) Matter stood over to the Defamation List on Thursday 16 April 2015 at 2:00pm. (22) Note the defendants will send the plaintiff particulars of downloads. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 28.2 Cases Cited: Aldridge v John Fairfax & Sons Ltd (Supreme Court of New South Wales, Hunt J, 17 September 1985) Alex v Gridneff [2013] NSWSC 2025 Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Berezovsky v Forbes [2001] EWCA Civ 1251 Chase v News Group Newspapers Ltd [2002] EWCA Civ 1772; [2003] EMLR 11 Christiansen v Fairfax Media Publications Pty Ltd [2012] NSWSC 1258 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Ell v Milne (No 8) [2014] NSWSC 175 Fairfax Media Publications Pty Ltd v Alex [2014] NSWCA 273 Favell v Queensland Newspapers Pty Ltd (2005) 79 ALJR 1716 Greek Herald Pty Ltd v Nikolopoulos & Ors (2001) 54 NSWLR 165 Greig v WIN Television NSW Pty Ltd [2009] NSWSC 632 Harbour Radio Pty Ltd v Tingle [2001] NSWCA 194 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 Hepburn v TCN Channel Nine Pty Ltd [1983] 2 NSWLR 682 Mahommed v Channel Seven Sydney Pty Ltd [2006] NSWCA 213 Milne v Ell [2014] NSWCA 407 Moran v Schwartz Publishing Pty Ltd [2014] WASC 334 Nationwide News Pty Ltd v Hibbert [2015] NSWCA 13 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669 Singleton v Ffrench (1986) 5 NSWLR 425 Singleton v John Fairfax & Sons Ltd (Supreme Court of New South Wales, Hunt J, 20 February 1980) Toben v Milne [2014] NSWCA 200 Waller v Nationwide News Pty Ltd [2011] NSWSC 611 Texts Cited: R Parkes QC; Professor A Mullis; G Busuttil; A Speker; A Scott; C Strong, Gatley On Libel and Slander (12th ed, 2013, Sweet & Maxwell) Category: Procedural and other rulings Parties: Plaintiff: Clinton Sarina First Defendant: Fairfax Digital Australia and New Zealand Pty Ltd Second Defendant: Vanda Carson Representation: Counsel: Plaintiff: Mr R Rasmussen Defendants: Mrs L Barnett