NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Korolak v Bauer Media Pty Ltd [2016] NSWDC 98 Hearing dates: 2 June 2016 Date of orders: 09 June 2016 Decision date: 09 June 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Statement of claim dismissed; judgment for the defendant pursuant to UCPR r 28.4(2)(a). (2) Liberty to apply in relation to costs, such liberty to be exercised in 28 days. Catchwords: TORT – defamation – application for summary dismissal of proceedings on the basis that no imputations are capable of arising – matter complained of authored by plaintiff – whether headlines to matter complained of are capable of conveying the imputations pleaded – no defamatory imputations capable of arising from the matter complained of - judgment for defendant Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 28.2 and 28.4 Cases Cited: Bik v Mirror Newspapers Ltd [1979] 2 NSWLR 679n Chakravarti v The Advertiser Newspapers (1998) 193 CLR 519 Charleston v News Group Newspapers Ltd [1995] 2 AC 65 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652 International Financing and Investment Pty Ltd v Kent (Supreme Court of Western Australia, Bredmeyer M, 8 May 1997) John Fairfax Publications Pty Ltd v Rivkin (2003) 201 ALR 77 Lewis v Daily Telegraph [1961] AC 234 Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632 Morgan v Odham's Press [1971] 1 WLR 1239 Morosi v Broadcasting Station 2GB Pty Ltd [1980] 2 NSWLR 418 Rayney v Pan Macmillan Australia Pty Ltd [2014] WASC 129 Sharp v Harbour Radio Pty Ltd [2015] NSWSC 1536 The Herald & Weekly Times v A-G [2001] VSCA 152 Woodward v Australian Broadcasting Corporation (Supreme Court of New South Wales, Levine J, 27 June 1996) Texts Cited: - Category: Principal judgment Parties: Plaintiff: Rhondalynn Korolak Defendant: Bauer Media Pty Limited (ACN 053 273 546) Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Ms L Barnett
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