McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation [2018] NSWSC 341

Supreme Court New South Wales

Medium Neutral Citation: McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Browne & Australian Broadcasting Corporation [2018] NSWSC 341 Hearing dates: 16 March 2018 Decision date: 16 March 2018 Jurisdiction: Common Law Before: McCallum J Decision: Application to strike out imputation 6(a) refused; imputation 6(e) ruled to be capable of arising from the matter complained of Catchwords: DEFAMATION – pleadings – application to strike out imputations on the basis that they are "rolled up" – consideration of court's authority to strike out imputations Legislation Cited: Civil Procedure Act 2005 (NSW) Crimes Act 1900 (NSW) ss 61I, 61L Uniform Civil Procedure Rules 2005 (NSW) rr 14.28, 14.30(3) Cases Cited: Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Viney v TCN Channel Nine Pty Limited [2006] NSWSC 1273 Category: Procedural and other rulings Parties: Proceedings 2018/34244: Craig McLachlan (plaintiff) Christie Whelan Browne (first defendant) Fairfax Media Publications Pty Ltd (second defendant)

Proceedings 2018/34257 Craig McLachlan (plaintiff) Christie Whelan Browne (first defendant) Australian Broadcasting Corporation (second defendant) Representation: Counsel: S Littlemore QC, M Richardson (plaintiff) L Barnett (first and second defendants in both proceedings)