NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Minus v Harbour Radio Pty Ltd [2017] NSWSC 191 Hearing dates: 3 March 2017 Decision date: 09 March 2017 Jurisdiction: Common Law Before: McCallum J Decision: Leave to file an amended pleading that includes imputations in the form of imputations 5(i), 6A(g), 6A(h), 6A(k), 7A(c) and 7A(g) in the proposed amended statement of claim refused Catchwords: DEFAMATION – pleadings – form of pleadings – where imputations amenable to more specific expression – whether the terms "colluded with" and "was complicit in" are substantially different such as to carry two distinct imputations – where slang terms add to the defamatory insult but not clarity of imputations – "bastardry and mongrel behaviour" – whether an imputation likening specific conduct of the complainant to the general behaviour of an identified politician is sufficiently clear and singular in meaning – "Putin-like" Legislation Cited: Mining Act 1992 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 14.30(3) Cases Cited: Ahmed v Harbour Radio Pty Ltd (No 2) [2011] NSWSC 20 Drummoyne Municipal Council v ABC (1990) 21 NSWLR 135 Luna v Porter [2016] NSWSC 1727 Category: Procedural and other rulings Parties: Derek Michael Minus (plaintiff) Harbour Radio Pty Ltd (first defendant) Alan Jones (second defendant) Representation: Counsel: R A Jedrzcjczyk (plaintiff) M Richardson (defendants)
Solicitors: Corrs Chambers Westgarth (plaintiff) Banki Haddock Fiora (defendants) File Number(s): 2016/176044
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