Lynn v Thompson [2017] NSWDC 296

District Court New South Wales

Medium Neutral Citation: Lynn v Thompson [2017] NSWDC 296 Hearing dates: 26 October 2017 Date of orders: 26 October 2017 Decision date: 26 October 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Grant leave to the plaintiff to interrogate the defendant as to the extent of publication with particular regard to publication to the email address vvaacsheadsup@gmail.com in 7 days. (2) Defendant's answers to interrogatories 14 days thereafter. (3) Imputation 2(c) is struck out as not differing in substance from imputation 2(b). (4) Imputation 2(d) is struck out. (5) Note imputation 2(i) differs in substance from imputation 2(b). (6) Imputation 2(e) is struck out, with the result that no finding needs to be made as to whether imputations 2(e) and 2(f) differ in substance. (7) Challenge to imputations 2(a) and 2(i) as not differing in substance is dismissed. (8) Strike out imputation 2(f) with liberty to replead. (9) Grant leave to replead imputation 2(g) by replacing the word "caused" by "heightened". (10) Plaintiff pay the defendant's costs of the vacating of the proportionality argument (including the costs of 21 September 2017). (11) Plaintiff pay the defendant's costs of the r 28.2 Uniform Civil Procedure Rules 2005 (NSW) argument (on capacity) and r 14.30 Uniform Civil Procedure Rules 2005 (NSW) argument (on form) on an ordinary basis. (12) Amended Statement of Claim in 14 days. (13) Matter stood over to the Defamation List on Thursday 23 November 2017 at 9:00am (for argument). Catchwords: TORT – defamation – application to strike out proceedings reliant upon the principles set out in Bleyer v Google Ltd (2014) 88 NSWLR 670 – plaintiff not ready to proceed on two occasions when the matter was listed for hearing – indemnity costs order made – plaintiff seeks orders for interrogatories concerning publication so as to lead evidence in Bleyer v Google Ltd application – leave to interrogate granted – rulings on form and capacity of imputations Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 Defamation Act 2013 (UK), s 1 Uniform Civil Procedure Rules 2005 (NSW), rr 14.30 and 28.2 Cases Cited: Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Australian Broadcasting Corporation and Anor v Hodgkinson [2005] NSWCA 190 Bleyer v Google Inc (2014) 88 NSWLR 670 Bode v Mundell [2016] EWHC 2533 (QB) Commissioner of Taxation v Day (2008) 250 ALR 388 Dank v Cronulla-Sutherland District Rugby League Football Club [2013] NSWSC 1101 Farrow v Nationwide News Pty Ltd [2017] NSWCA 246 Goodfellow v Fairfax Media Publications Pty Limited [2017] FCA 1152 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Jameel (Yousef) v Dow Jones & Co Inc [2005] QB 946 Ma Ching Kwan v John Fairfax Publications Pty Ltd (New South Wales Court of Appeal, 30 July 1998, unreported) Murphy v Nationwide News Pty Ltd (No 2) [2017] FCA 781 Oshlack v Richmond River Council (1998) 193 CLR 72 Singleton v Ffrench (1986) 5 NSWLR 425 Speight v Gosnay (1891) 55 JP 501 Toben v Milne [2014] NSWCA 200 Ultrasonic Slimming Pty Ltd v Fairfax Media Publications Pty Ltd [2013] NSWSC 1987 Category: Procedural and other rulings Parties: Plaintiff: Charlie Lynn Defendant: Leonard Thompson Representation: Counsel: Plaintiff: AM Legal Solutions Defendant: Stanford Lawyers