Shore v Nationwide News Pty Ltd [2016] NSWDC 270

District Court New South Wales

Medium Neutral Citation: Shore v Nationwide News Pty Ltd [2016] NSWDC 270 Hearing dates: 8 September 2016 Date of orders: 08 September 2016 Decision date: 28 October 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Imputation 4(a) is reasonably capable of being conveyed. (2) Grant leave to the first plaintiff to amend imputation 4(c) to read "The first plaintiff organised an elaborate plot to steal court documents". (3) Imputation 4(d) is reasonably capable of being conveyed. (4) Imputations 4(e) and 6(e) are struck out. (5) Imputations 4(i) and 6(c) are struck out. (6) Imputations 6(a), 6(b) and 6(d) are reasonably capable of being conveyed. (7) Note the plaintiffs concede that paragraphs 3 and 5, which refer to "the defendants" as publishers, is pleaded contrary to the principles set out in Dank v Cronulla Sutherland District Rugby League Football club Ltd [2014] NSWCA 288. (8) The plaintiffs are to file an amended statement of claim in 14 days setting out the revised and amended imputations and revisions to paragraphs 3 and 5. (9) The plaintiffs are to pay the defendants' costs of the imputations argument. (10) Defence to be filed and served 28 days after service of the amended statement of claim. (11) Reply to be filed and served 7 days thereafter. (12) Matter stood over to the Defamation List on Thursday 10 November 2016. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.30 and 28.2 Cases Cited: Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Capolingua v Nationwide News Pty Ltd [2016] WASC 156 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Corby v Network Ten Pty Ltd; Corby Junior v Network Ten Pty Ltd; Rose v Network Ten Pty Ltd; Kisina v Network Ten Pty Ltd [2014] NSWSC 1431 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Fairfax Media Publications Pty Ltd v Alex [2014] NSWCA 273 Galea v Amalgamated Television Services Pty Ltd (Supreme Court of New South Wales, Levine J, 20 February 1998) Greek Herald Pty Ltd v Nikolopoulos (2001) 54 NSWLR 165 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 Hepburn v TCN Channel Nine Pty Ltd [1983] 2 NSWLR 682 Jones v TCN Channel Nine Pty Limited (No 2) [2015] NSWSC 1854 Krahe v TCN Channel Nine Pty Ltd (1986) 4 NSWLR 536 Mahommed v Channel Seven Sydney Pty Ltd [2006] NSWCA 213 Mayfield-Smith v Mirror Newspapers Ltd [1982] 2 NSWLR 419 Piggins v Denton [2006] NSWSC 954 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669 Toben v Milne [2014] NSWCA 200 Waller v Nationwide News Pty Ltd [2011] NSWSC 611 Waterhouse v David Syme & Co Ltd [2000] NSWSC 817 Young v Munro (Supreme Court of New South Wales, Levine J, 12 May 1995) Texts Cited: Don Watson, "The Dictionary of Weasel Words" (Knopf, Sydney, 2005) Category: Procedural and other rulings Parties: First Plaintiff: Rachel Shore Second Plaintiff: Tas Hatzopoulos First Defendant: Nationwide News Pty Ltd Second Defendant: Mark Harvey Representation: Counsel: Plaintiffs: Mr C A Evatt / Mr I Kirgiz First Defendant: Ms L Barnett Second Defendant: Mr M Richardson