Mohareb v Fairfax Media Publications Pty Ltd (No 3) [2017] NSWSC 645

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Fairfax Media Publications Pty Ltd (No 3) [2017] NSWSC 645 Hearing dates: 5 May 2017 Decision date: 24 May 2017 Before: McCallum J Decision: Leave to file proposed amended statement of claim refused Catchwords: DEFAMATION – publication and republication – where the Attorney General responded to a request from a journalist by providing quotes for attribution in a forthcoming article – plaintiff seeking to sue Attorney for newspaper article which quoted her email but also included additional allegedly defamatory material – whether open to plead a case against the Attorney suing on the newspaper article as a separate cause of action as opposed to relying on the republication of the quotes as a matter going only to damages Legislation Cited: Defamation Act 2005 (NSW), ss 4, 8 Vexatious Proceedings Act 2008 (NSW) Cases Cited: The Attorney General for the State of New South Wales v Mohareb [2016] NSWSC 1823 Bateman v Fairfax Media Publications Pty Ltd (No 4) [2015] NSWSC 610 Bracks v Denoon (Supreme Court (NSW), Nicholas J, 14 December 2006, unrep) Bracks v Smyth-Kirk [2008] NSWSC 930 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Hanrahan v Ainsworth (1985) 1 NSWLR 370 McManus v Beckham [2002] EWCA Civ 939 Parkes v Prescott (1869) LR 4 Ex 169 Sims v Wran [1984] 1 NSWLR 317 Speight v Gosnay (1891) 60 LJQB 231 Terluk v Berezovsky [2011] EWCA Civ 1534 Webb v Bloch (1928) 41 CLR 331 Category: Procedural and other rulings Parties: Nader Mohareb (plaintiff) Fairfax Media Publications Pty Limited (first defendant) Louise Hall (second defendant) State of New South Wales (third defendant) Representation: Counsel: R Rasmussen (plaintiff) M Richardson (first and second defendants) S Chrysanthou (third defendant)