Hrdavec v Fairfax Media Publications Pty Ltd [2016] NSWDC 352

District Court New South Wales

Medium Neutral Citation: Hrdavec v Fairfax Media Publications Pty Ltd [2016] NSWDC 352 Hearing dates: 24 November 2016 Date of orders: 24 November 2016 Decision date: 14 December 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Imputation (e) is reasonably capable of being conveyed when pleaded as follows "the plaintiff is guilty of gang raping a teenage girl at a Blacktown house party"; imputation (c) ("the plaintiff is reasonably suspected by the police of gang raping a teenage girl at a Blacktown house party") is to be pleaded as a fall-back imputation. These imputations are to be renumbered imputations (a) and (b). (2) Imputation (a) (which is to be repleaded as imputation (c)) is reasonably capable of being conveyed, but is amended as "the plaintiff is charged with aggravated sexual assault in company, deprived liberty and aggravated indecent assault in company". (3) Imputations (b) and (d) are struck out. (4) Amended Statement of Claim in 14 days. (5) Defence by Friday 27 January 2017. (6) Reply 14 days thereafter. (7) Matter stood over for further directions on Thursday 16 February 2017. (8) Costs be the plaintiff's costs in the cause. Catchwords: TORT – imputations – form and capacity – imputations of guilt and suspicion of guilt where the plaintiff's alleged co-offenders had pleaded guilty, were in gaol or on bail – Chase Level 1 and Level 2 meanings – imputations of guilt reasonably capable of being conveyed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.30 and 28.2 Cases Cited: Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 Charleston v News Group Newspapers Ltd [1995] 2 AC 65 Chase v News Group Newspapers Ltd [2002] EWCA Civ 1772; [2003] EMLR 11 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632 Moran v Schwartz Publishing Pty Ltd [2014] WASC 334 Morgan v Odhams Press Ltd [1971] 1 WLR 1239 Texts Cited: R Parkes QC; Professor A Mullis; G Busuttil; A Speker; A Scott; C Strong, Gatley on Libel and Slander (12th ed, 2013, Sweet & Maxwell) Category: Procedural and other rulings Parties: Plaintiff: Valentino Hrdavec Defendant: Fairfax Media Publications Pty Ltd Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Ms L Barnett