Mohareb v Harbour Radio Pty Ltd [2017] NSWSC 353

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Harbour Radio Pty Ltd [2017] NSWSC 353 Hearing dates: 10, 13 March 2017 Decision date: 17 March 2017 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff's claim as against the third defendant in respect of the first matter complained of dismissed; rulings given as to form of imputations; parties directed to bring in short minutes of order reflecting these reasons Catchwords: DEFAMATION – publication – where Attorney General participated by telephone in an interview on live radio – where Attorney's contribution anodyne – whether open to hold her liable as a publisher of the whole broadcast including words spoken before she joined the programme – whether falling within the principles stated in Webb v Bloch

DEFAMATION – pleadings – form of imputations – undesirability of rhetorical flourish Legislation Cited: Civil Procedure Act 2005 (NSW), pt 6 Defamation List Practice Note SC CL 4 Vexatious Proceedings Act Cases Cited: Abou-Lokmeh v Harbour Radio Pty Ltd [2016] NSWCA 228 Bracks v Smyth-Kirk [2009] NSWCA 401 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Mayfield-Smith v Mirror Newspapers Ltd [1982] 2 NSWLR 419 Waterhouse v David Syme & Co Ltd [2000] NSWSC 817 Webb v Bloch [1928] HCA 50; 41 CLR 331 Younan v Nationwide News Pty Ltd [2013] NSWCA 335 Zeccola v Fairfax Media Publications Pty Ltd (No 3) [2015] NSWSC 1007 Category: Procedural and other rulings Parties: Nader Mohareb (plaintiff) Harbour Radio Pty Ltd (first defendant) Ray Hadley (second defendant) The Attorney General for New South Wales (third defendant) Representation: Counsel: R Rasmussen (plaintiff) M Richardson (first and second defendants) S Chrysanthou (third defendant)