Zoef v Nationwide News Pty Limited & Ors [2015] NSWDC 232

District Court New South Wales

Medium Neutral Citation: Zoef v Nationwide News Pty Limited & Ors [2015] NSWDC 232 Hearing dates: 26, 27, 28 May 2015 Date of orders: 16 October 2015 Decision date: 16 October 2015 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1. Verdict and judgment for the defendant;

2. The plaintiff to pay the defendant's costs on the ordinary basis unless otherwise ordered;

3. The exhibits may be returned;

4. Liberty to apply on 7 days notice if further or other orders are required. Catchwords: TORTS – defamation – newspaper publication – whether article in question identified the plaintiff – whether plaintiff was defamed – consideration of claimed defence of fair report of proceedings of public concern pursuant to s 29 of the Defamation Act 2005 – consideration of defence of failure to accept offer of amends made pursuant to s 18 of Defamation Act 2005 – assessment of damages Legislation Cited: Defamation Act 2005, Pt 3 Div 1, s 13, s 14, s 15, s18, s 29, s 34, s 35 Cases Cited: Australian Defamation Law and Practice, Volume 1, TK Tobin QC, MG Sexton SC, eds, 2003 The Law of Torts, JG Fleming 9th Ed Texts Cited: Australian Defamation Law and Practice, Volume 1, TK Tobin QC, MG Sexton SC, eds, 2003 The Law of Torts, JG Fleming 9th Ed Category: Principal judgment Parties: Atanas (Tony) Zoef (Plaintiff) Nationwide News Pty Limited (First defendant) Clementine Cuneo (Second defendant) Representation: Counsel: Mr CA Evatt with Mr R Rasmussen (Plaintiff) Mr D Sibtain and Ms L Barnett (Defendants)