Voelte v Australian Broadcasting Corporation (No 4) [2016] NSWSC 1012

Supreme Court New South Wales

Medium Neutral Citation: Voelte v Australian Broadcasting Corporation (No 4) [2016] NSWSC 1012 Hearing dates: 18, 19 July 2016 Date of orders: 19 July 2016 Decision date: 21 July 2016 Jurisdiction: Common Law Before: McCallum J Decision: Publication of reserved reasons for rulings given during the trial; plaintiff to pay the defendant's costs as assessed on the ordinary basis except for the costs of the abandoned justification defences Catchwords: DEFAMATION – where proceedings tried with a jury – desirability of having jury determine defamatory meaning before hearing other evidence in the proceedings

DEFAMATION – television broadcast – undesirability of providing transcript to the jury

COSTS – where plaintiff unsuccessful after refusing Calderbank offer – whether unreasonable not to accept offer – difficulty of assessing value of offer Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6 Defamation Act 1975 (NSW), s 7A Defamation Act 2005 (NSW), ss 3, 40 Evidence Act 1995 (NSW), ss 48(1)(c), 135 Jury Act 1977 (NSW), s 38(8) Cases Cited: Goldsworthy v Radio 2UE Sydney Pty Ltd (Supreme Court (NSW), Dunford J, 22 March 1999, unrep) Nu-Tec v ABC [2010] NSWSC 711 Radio 2UE Sydney Pty Ltd v Parker (1992) 29 NSWLR 448 Voelte v Australian Broadcasting Corporation [2015] NSWSC 210 Voelte v Australian Broadcasting Corporation (No 2) [2015] NSWSC 577 Category: Procedural and other rulings Parties: Don Voelte (Plaintiff) Australian Broadcasting Corporation (Defendant) Representation: Counsel: B R McClintock SC with R A Jedrzejczyk (Plaintiff) S M Littlemore SC with M A Polden (Defendant)