Di Girolamo v Fairfax Media Publications Pty Ltd (No 3) [2016] NSWSC 642

Supreme Court New South Wales

Medium Neutral Citation: Di Girolamo v Fairfax Media Publications Pty Ltd (No 3) [2016] NSWSC 642 Hearing dates: 16 May 2016 Decision date: 16 May 2016 Before: Adamson J Decision: Documents admitted on the bases indicated in the reasons. Catchwords: EVIDENCE – defamation – admissibility Legislation Cited: Evidence Act 1995 (NSW), s 135 Cases Cited: Kanaan v R [2006] NSWCCA 109 Category: Procedural and other rulings Parties: Nicholas Anthony Di Girolamo (Plaintiff) Fairfax Media Publications Pty Ltd (1st Defendant) Kate McClymont (2nd Defendant) Linton Besser (3rd Defendant) Sean Nicholls (4th Defendant) Representation: Counsel: B McClintock SC/M Richardson (Plaintiff) T Blackburn SC/ATS Dawson (Defendant)

Solicitors: ACA Lawyers (Plaintiff) Banki Haddock Fiora (Defendants) File Number(s): 2013/375294

Judgment

Introduction 1. The plaintiff, Nicholas Di Girolamo, objected to the tender of certain documents in the defendants' tender bundle. Reasons for my rulings are required in respect of the following three documents or categories of documents: 1. The transcript of the opening of Mr Watson SC, counsel assisting the public inquiry by the Independent Commission Against Corruption (ICAC), which took place on 12 November 2012 (the ICAC Opening Transcript)(pages 221 to 280 of the defendants' proposed tender bundle); 2. Documents relating to the Mount Penny Coal Mine (pages 288 to 545 of the defendants' proposed tender bundle); and 3. Documents relating to a proposal that Australian Water Holdings Pty Ltd (or an associated company) engage in a Public Private Partnership (PPP) with Sydney Water (pages 623 to 650 of the defendants' proposed tender bundle). 1. My reasons for allowing these three tenders (the first, subject to the limitation that it is not to be used for a hearsay purpose) are set out below.