Jones v TCN Channel Nine Pty Limited (No 2) [2015] NSWSC 1854

Supreme Court New South Wales

Medium Neutral Citation: Jones v TCN Channel Nine Pty Limited (No 2) [2015] NSWSC 1854 Hearing dates: 21 November 2014; 5 December 2014; 20 February 2015 Date of orders: 08 December 2015 Decision date: 08 December 2015 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff granted leave to withdraw concession made during argument as to the contextual truth defence; imputations (d) and (e) struck out with leave to re-plead those imputations as one and to re-plead imputation (b); costs reserved. Catchwords: DEFAMATION – pleadings – problems caused by complexity – extent of the Court's authority and ability to force simplicity on the parties – where plaintiff had previously made a concession aimed at simplifying the issues in the proceedings – where subsequent argument brought forward by different counsel for defendants revealed unfairness to plaintiff of being held to the concession Legislation Cited: Civil Procedure Act 2005 (NSW) Defamation Act 2005 (NSW), s 26 Uniform Civil Procedure Rules 2005 (NSW), rr 14.8; 14.28 Cases Cited: Bateman v Fairfax Media Publications Pty Ltd (No 2) [2014] NSWSC 1380 David Syme & Co Ltd v Hore-Lacy [2000] VSCA 24; 1 VR 667 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 El Mouelhy v QSociety of Australia Inc (No 4) [2015] NSWSC 1816 Fairfax Media Publications Pty Ltd v Bateman [2015] NSWCA 154 Fairfax Media Publications Pty Ltd v Kermode [2011] [2011] NSWCA 174; 81 NSWLR 157. Fairfax Media Publications Pty Ltd v Zeccola [2015] NSWCA 329 Grubb v Bristol United Press Limited [1963] 1QB 309 Heath v Fairfax Media Publications Pty Ltd [2011] NSWSC 742 Jones v TCN Channel Nine Pty Limited [2014] NSWSC 1453 Mayfield-Smith v Mirror Newspapers Ltd (1982) 2 NSWLR 419 Category: Procedural and other rulings Parties: Dane Charles Jones (plaintiff) TCN Channel Nine Pty Lt (first defendant) Nine Network (Australia) Pty Ltd (second defendant) Ninemsn Pty Ltd (third defendant) Tim Arvier (fourth defendant) Representation: Counsel: S Chrysanthou and later K Smark SC (plaintiff) M Richardson and later B McClintock SC (defendants)