Carolan v Fairfax Media Publications Pty Ltd (No 4) [2015] NSWSC 1399

Supreme Court New South Wales

Medium Neutral Citation: Carolan v Fairfax Media Publications Pty Ltd (No 4) [2015] NSWSC 1399 Hearing dates: 18 September 2015 Date of orders: 23 September 2015 Decision date: 23 September 2015 Jurisdiction: Common Law Before: McCallum J Decision: Leave to amend the defence is refused. Catchwords: DEFAMATION – defences – late application to amend – whether in accordance with dictates of justice to allow amendment Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57, 58, 64 Defamation Act 2005 (NSW), ss 3, 26, 30 Cases Cited: Carolan v Fairfax Media Publications Pty Ltd [2014] NSWSC 162 Carolan v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1010 Carolan v Fairfax Media Publications Pty Ltd (No 3) [2015] NSWSC 1344 Hayson v John Fairfax Publications Pty Limited [2007] NSWCA 376 Category: Procedural and other rulings Parties: Sean Carolan (plaintiff) Fairfax Media Publications Pty Ltd (first defendant) Peter FitzSimons (second defendant) Representation: Counsel: K Smark SC with S Chrysanthou (plaintiff) ATS Dawson with C Amato (defendants)

Solicitors: Kalantzis Lawyers (plaintiff) Bank Haddock Fiora (defendants) File Number(s): 2014/245957 Publication restriction: None

Judgment 1. HER HONOUR: This is an action for defamation arising out of the publication of a series of articles in the Sydney Morning Herald. This judgment determines a contested application by the defendants for leave to amend their defence.