NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Dank v Nationwide News Pty Ltd [2016] NSWSC 295 Hearing dates: 15, 16, 17, 18, 19, 22, 23, 24, 25, 29 February 2016; 1, 2, 3, 4, 7, 8, 9, 11, 14, 15 March 2016. Date of orders: 18 March 2016 Decision date: 18 March 2016 Jurisdiction: Common Law Before: McCallum J Decision: Judgment for the plaintiff; no damages awarded Catchwords: DEFAMATION – damages – where matter complained of partially justified – reliance by defendants upon justified imputation in mitigation of damages for defamatory imputations – whether any damages should be awarded Legislation Cited: Defamation Act 2005 (NSW), ss 22(3), 25, 26 Cases Cited: Besser v Kermode [2011] NSWCA 174 Burstein v Times Newspapers Ltd [2001] 1 WLR 579 Channel Seven Sydney Pty Ltd v Mahommed [2010] NSWCA 335 Dank v Whittaker (No 4) [2014] NSWSC 732 Pamplin v Express Newspapers Ltd [1988] WLR 117 Category: Principal judgment Parties: 2013/157118 Stephen Dank (plaintiff) Nationwide News Pty Ltd (first defendant) Josh Massoud (second defendant) James Hooper (third defendant) Rebecca Wilson (fourth defendant) Paul Whittaker (fifth defendant)
2013/170493 Stephen Dank (plaintiff) Nationwide News Pty Ltd (first defendant) Stephen Carroll (second defendant) Phil Rothfield (fourth defendant)
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