Khalil v Fairfax Media Publications Pty Ltd (No. 2) [2018] NSWDC 40

District Court New South Wales

Medium Neutral Citation: Khalil v Fairfax Media Publications Pty Ltd (No. 2) [2018] NSWDC 40 Hearing dates: 1 March 2018 Date of orders: 01 March 2018 Decision date: 01 March 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Imputations 3(a), 3(b), 3(c), 3(d), 3(e) and 3(f) are reasonably capable of being conveyed. (2) Challenges to the form of imputations 3(a) and 3(d) are dismissed. (3) Challenges to the form of imputations 3(b) and 3(e) are dismissed. (4) Grant leave to the plaintiff to replead imputation 3(c) and 3(f) by inserting the words "the Bankstown faction of" before "the notorious Brothers for Life criminal gang" and to plead imputations 3(c) and 3(f) as fall-back imputations to imputations 3(b) and 3(e) respectively. (5) The plaintiff pay the defendant's costs of 8 February 2018. (6) The costs of 7 December 2017 and today are to be costs in the cause. (7) Plaintiff's Amended Statement of Claim in 7 days. (8) Defence 28 days thereafter. (9) Matter stood over to the Defamation List on Thursday 19 April 2018. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Amalgamated Television Services v Marsden (1998) 43 NSWLR 158 Bass v TCN Channel Nine Pty Ltd [2000] NSWSC 270 Bass v TCN Channel Nine Pty Ltd [2003] NSWCA 118 Casella v Fairfax Media Publications Pty Ltd [2011] NSWSC 1256 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Cornish v Australian Broadcasting Corporation [2014] NSWSC 1936 Hepburn v TCN Channel Nine Pty Ltd [1983] 2 NSWLR 682 Hibbert v Nationwide News Pty Ltd [2015] NSWCA 13 John Fairfax Publications Pty Ltd v Blake; David Syme & Co Ltd v Blake (2001) 53 NSWLR 541 Khalil v Fairfax Media Publications Pty Ltd [2017] NSWDC 346 Mahommed v Channel Seven Sydney Pty Ltd [2006] NSWCA 213 Wagner v Nine Network Australia Pty Ltd [2017] QCA 261 Young v Munro (Supreme Court of New South Wales, Levine J, 12 May 1995) Category: Procedural and other rulings Parties: First Plaintiff: Khalil Khalil Second Plaintiff: Hassan Souied Defendant: Fairfax Media Publications Pty Ltd Representation: Counsel: Plaintiffs: Mr R Rasmussen Defendant: Mr M Lewis