Noble v Phillips (No 2) [2018] NSWSC 25

Supreme Court New South Wales

Medium Neutral Citation: Noble v Phillips (No 2) [2018] NSWSC 25 Hearing dates: 2 June 2017; final supplementary submissions received on 9 January 2018 Decision date: 06 February 2018 Jurisdiction: Common Law Before: McCallum J Decision: Pleading of first matter complained of struck out with leave to re-plead; pleading as against Dr Phillips and Biolink of publication of the second matter complained of struck out; imputation 9(a) struck out; imputations 9(b) and 9(c) to go to the jury Catchwords: DEFAMATION – publication – consideration of circumstances in which separate publications may be pleaded as a single publication – disparate communications published in different forms over several days – whether open to plead as a single publication – likelihood of confusion at trial – prejudice in pleading of defences

DEFAMATION – publication – where source sued as joint publisher of newspaper article – particulars of claim both prolix and uninformative – whether capable of establishing assent or control

DEFAMATION – imputations – objections as to form and capacity – use of word "caused" – whether ambiguous Cases Cited: Age Corporation Ltd v Beran [2005] NSWCA 289 Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Beran v John Fairfax Publications Pty Ltd [2004] NSWCA 107 Brown v Marron (Unreported, Supreme Court of Western Australia, Steyer J, 1 December 1998) Brown v Marron [2001] WASC 100 Burrows v Knightley (1987) 10 NSWLR 651 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Dank v Whitaker (No 1) [2013] NSWSC 1062 Fairfax Media Publications Pty Ltd v Bateman (2015) 90 NSWLR 79; [2015] NSWCA 154 Harris v Clayton (1881) 21 NBR 237 Phelps v Nationwide News Pty Ltd [2001] NSWSC 130 Smyth v MacKinnon (1897) 24 LR 1086 Sonier v Breau (1912) 41 NBR 177 Category: Procedural and other rulings Parties: Peter Bruce Noble (plaintiff) Stephen Snowden Phillips (first defendant) Biolink Pty Ltd (second defendant) Michael Slezak (third defendant) GNM Australia Pty Ltd (fourth defendant) Representation: Counsel: B Connell (plaintiff) M Richardson (first and second defendants) R Potter (third and fourth defendants)