NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Otto v Dailymail.com Australia Pty Ltd [2017] NSWDC 32 Hearing dates: 2 March 2017 Date of orders: 02 March 2017 Decision date: 02 March 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to r 14.30 Uniform Civil Procedure Rules 2005 (NSW) strike out imputation (b) as not differing in substance to imputation (d); requirement to file an Amended Statement of Claim waived. (2) Plaintiff pay defendant's costs. (3) Defendant's Defence in 28 days. (4) Plaintiff's Reply 28 days thereafter. (5) Matter stood over to the Defamation List on Thursday 27 April for further directions. Catchwords: TORT – defamation – imputations – capacity – no issue of principle Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 14.30 Cases Cited: Barbknecht v Great Northern R. Co. 55 ND 104, 212 NW 776 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Griffith v Australian Broadcasting Corporation [2002] NSWSC 86 Singleton v John Fairfax & Sons Ltd (Supreme Court of New South Wales, Hunt J, 20 February 1980) Toben v Milne [2014] NSWCA 200 Category: Procedural and other rulings Parties: Plaintiff: David Otto Defendant: Dailymail.com Australia Pty Ltd (ABN 94 166 912 465) Representation: Counsel: Plaintiff: Mr M K Rollinson Defendant: Ms L Barnett
Solicitors: Plaintiff: Carters Law Firm Defendant: Mark O'Brien Legal File Number(s): 2016/338264 Publication restriction: None
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