Mosslmani by his tutor Karout v DailyMail.com Australia Pty Ltd (ACN 166 912 465); Mosslmani by his tutor Karout v Nationwide News Pty Ltd (ACN 008 438 828); Mosslmani by his tutor Karout v Australian Radio Network Pty Ltd (ACN 065 986 987) (No. 2) [2016] NSWDC 357

District Court New South Wales

Medium Neutral Citation: Mosslmani by his tutor Karout v DailyMail.com Australia Pty Ltd (ACN 166 912 465); Mosslmani by his tutor Karout v Nationwide News Pty Ltd (ACN 008 438 828); Mosslmani by his tutor Karout v Australian Radio Network Pty Ltd (ACN 065 986 987) (No. 2) [2016] NSWDC 357 Hearing dates: 1 December 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: See [54] Catchwords: TORT – defamation – imputations – form and capacity – imputations struck out as not being reasonably capable of being conveyed - application by Nationwide News Pty Ltd (in proceedings 2016/210996) to strike out any claim for a publication where the plaintiff was unable, after two unsuccessful attempts, to plead further imputations – pleadings based on this publication struck out Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Allsop v Church of England Newspapers [1972] 2 QB 161 Berkoff v Burchill [1996] 4 All E R 1008 ;[1997] EMLR 139 Ecclestone v Telegraph Media Pty Ltd [2009] EWHC 2779 Jameel v Wall Street Journal Europe [2004] EMLR 6 Loukas v Young [1968] 3 NSWR 549 Massey v New Zealand Times Co (Ltd) (1911) 30 NZLR 929 Monte v Mirror Newspapers Pty Ltd (Supreme Court of New South Wales, Hunt J, 2 November 1979, unreported) Mosslmani By His Tutor Karout v Dailymail.com Australia Pty Ltd; Mosslmani By His Tutor Karout v Nationwide News Pty Ltd; Mosslmani By His Tutor Karout v Australian Radio Network Pty Ltd [2016] NSWDC 264 Nassif v Nationwide News Pty Ltd [2000] NSWSC 269 Radio 2UE Pty Ltd v Chesterton (2008) Aust Torts Reports 81-946; [2008] NSWCA 66 Slatyer v Daily Telegraph Newspaper Co Ltd (1908) 6 CLR 1 Somers v Fairfax & Anor (1879) 2 SCR (NS) 140 Thaarup v Hulton Press (1943) 169 LT 309 Vogel v Felice 2005 WL 675837 Category: Procedural and other rulings Parties: Plaintiff: Ali Ziggi Mosslmani (also known as Ziggy) by his tutor Zeinab Karout Defendant in 2016/210991: DailyMail.com Australia Pty Ltd (ACN 166 912 465) Defendant in 2016/210996: Nationwide News Pty Ltd (ACN 008 438 828) Defendant in 2016/211033: Australian Radio Network Pty Ltd (ACN 065 986 987) Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant in 2016/210991 and 2016/211033: Mrs L E Barnett Defendant in 2016/210996: Ms L Mullins (solicitor)