Garment v Nationwide News Pty Limited [2018] NSWDC 36

District Court New South Wales

Medium Neutral Citation: Garment v Nationwide News Pty Limited [2018] NSWDC 36 Hearing dates: 15 February 2018 Date of orders: 15 February 2018 Decision date: 15 February 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Grant the parties uplift access to subpoena packets 1 and 2. (2) Imputations 5(a) and 7(a) are struck out on the basis of form and capacity. (3) Imputations 5(b) and 7(b) are reasonably capable of being conveyed. (4) Imputations 5(c) and 7(c) are reasonably capable of being conveyed. (5) Imputations 5(d) and 7(d) are reasonably capable of being conveyed. (6) Imputation 5(e) is struck out as not differing in substance from imputation 5(d). (7) Imputation 7(e) is struck out as not differing in substance from imputation 7(d). (8) Imputations 5(f) and 7(f) are reasonably capable of being conveyed. (9) Imputations 5(g) and 7(g) are reasonably capable of being conveyed. (10) Grant leave to the plaintiff to replead liability for the third matter complained of to reflect a claim for publication based on the sharing of a website link on Facebook by Mr Doza Harding. (11) Grant the plaintiff leave to file an Amended Statement of Claim in 14 days, such pleading to include full particulars of publication and any claim by way of republication (including whether such republication is relied upon as to liability or as to damages only). (12) Grant leave to the plaintiff to file in court today a Statement of Particulars pursuant to r 15.12 Uniform Civil Procedure Rules 2005 (NSW) particularising injury to health and special damages. (13) Matter stood over to the Defamation List for further directions on Thursday 8 March 2018. (14) Plaintiff to pay half the defendants' costs of the argument today. (15) Defendants' application for indemnity costs refused. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Limitation Act 1969 (NSW), s 14B Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 14.30 Cases Cited: Bleyer v Google Inc (2014) 88 NSWLR 670 Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Farrow v Nationwide News Pty Ltd [2017] NSWCA 246 Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 Gant v The Age Co Ltd [2011] VSC 169 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Hibbert v Nationwide News Pty Ltd [2015] NSWCA 13 Lewis v Daily Telegraph Ltd [1964] AC 234 Lim v TVW Enterprises Ltd [2002] WASC 214 McDonald v Dods [2017] VSCA 129 Sungravura Pty Ltd v Middle East Airlines Airliban S.A.L. (1975) 134 CLR 1 Taylor v Jecks (1993) 10 WAR 309 Vitale v Bednall [2001] WASC 278 Wagner v Nine Network Australia Pty Ltd [2017] QCA 261 Category: Procedural and other rulings Parties: Plaintiff: Liam Garment First Defendant: Nationwide News Pty Limited Second Defendant: Neil Keene Representation: Counsel: Plaintiff: Mr R Rasmussen Defendants: Mr M J Lewis