Milne v Ell [2017] NSWSC 555

Supreme Court New South Wales

Medium Neutral Citation: Milne v Ell [2017] NSWSC 555 Hearing dates: 08 – 10 February 2016 Date of orders: 08 May 2017 Decision date: 08 May 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) Judgment for the plaintiff in an amount of $45,000;

(2) The defendant shall pay the plaintiff's costs of and incidental to the proceedings, as agreed or assessed;

(3) Liberty is reserved to the parties for any different or special order as to costs. Such liberty may be exercised by making an application within seven days of the judgment herein by a submission of no more than three pages, accompanied by any document upon which the application relies that is not otherwise in evidence. Any party affected by any such application may respond within a further seven days by a submission of no more than three pages accompanied by any documents upon which the submission relies that are not already in evidence or attached to the application itself;

(4) Any application of the kind referred to in the immediately preceding paragraph may be made by email directly to the chambers of the Judge issuing these orders;

(5) Otherwise, the proceedings are dismissed. Catchwords: DEFAMATION – allegation that Councillor not fit and proper person – imputation held to be fact not comment – defamatory – sufficiently specific – defendant liable for republication of statement to journalist – damages awarded Legislation Cited: Defamation Act 2005 (NSW) Cases Cited: Bellino v Australian Broadcasting Corporation (1996) 185 CLR 183 at 217; [1996] HCA 47 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44; [1993] HCA 31 Channel Seven Adelaide Pty Ltd v Manock (2007) 232 CLR 245; [2007] HCA 60 Cheikho v Nationwide News Pty Ltd [2016] NSWSC 29 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135; BC9001671 Ell v Milne (No 8) [2014] NSWSC 175 Fraser v Holmes (2009) 253 ALR 538; [2009] NSWCA 36 Hall-Gibbs Mercantile Agency Ltd v Dun (1910) 12 CLR 84; [1910] HCA 66 John Fairfax Publications Pty Ltd v O'Shane (2005) Aust Tort Reports 81-789; [2005] NSWCA 164 Joseph v Spiller [2011] 1 AC 852 at [5]; [2010] UKSC 53 Richards v State of New South Wales [2004] VSC 198 Sims v Wran [1984] 1 NSWLR 317 Slipper v British Broadcasting Corporation [1991] 1 QB 283 Speight v Gosnay (1891) 60 LJQB 231 Timms v Clift [1998] 2 Qd.R. 100 Texts Cited: Professor Alastair Mullis et al (eds), Gatley on Libel and Slander, (12th edition 2013, Sweet & Maxwell) Category: Principal judgment Parties: Katie Milne (Plaintiff) William Robert Ell (Defendant) Representation: Counsel: T Molomby SC/ L Goodchild (Plaintiff) T K Tobin QC/B Kelleher (Defendant)