Azzi v Fairfax Media Publications Pty Ltd [2018] NSWDC 69

District Court New South Wales

Medium Neutral Citation: Azzi v Fairfax Media Publications Pty Ltd [2018] NSWDC 69 Hearing dates: 8 March 2018 Date of orders: 08 March 2018 Decision date: 29 March 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff is to give further and better particulars of paragraphs (c) and (d) of the claim for aggravated damages in the statement of claim, such particulars are to be provided in 7 days. (2) Strike out imputations 5(i) and 8(i) and grant leave to the plaintiff to replead to encapsulate a defamatory act or condition of the plaintiff. (3) Pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW), strike out imputations 5(ii) and 8(ii) on the basis that an imputation of guilt, as opposed to reasonably suspicion, is not reasonably capable of being conveyed. Grant leave to the plaintiff to replead imputations 5(ii) and 8(ii). (4) Imputations 5(iii) and 8(iii) are reasonably capable of being conveyed. (5) Defendant's objections to the form of imputations 5(iii) and 8(iii) is dismissed. (6) Strike out imputations 5(iv), 8(iv), 5(v), 8(v), 5(vi) and 8(vi) on the basis that the matter complained of does not convey an imputation of guilt as opposed to reasonable suspicion. (7) Amended Statement of Claim in 7 days. (8) The plaintiff is to pay the costs of the argument today. (9) Matter stood over to the Defamation List on Thursday 29 March 2018. Catchwords: TORT – defamation – imputations – form and capacity – guilt and suspicion – group libel Legislation Cited: 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 Chase v News Group Newspapers Ltd [2002] EWCA 1772; [2003] EMLR 11 Christiansen v Fairfax Media Publications Pty Ltd [2012] NSWSC Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Gant v Age Co Ltd [2011] VSC 169 Greig v WIN Television NSW Pty Ltd [2007] NSWSC 1118 Hibbert v Nationwide News Pty Ltd [2015] NSWCA 13 Knupffer v London Express Newspaper Ltd [1944] AC 116 Lewis v Daily Telegraph Ltd [1964] AC 234 McCormick v John Fairfax & Sons Ltd (1989) 16 NSWLR 485 Rayney v State of Western Australia (No 9) [2017] WASC 367 Sands v State of South Australia (2015) 122 SASR 195 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669 Category: Procedural and other rulings Parties: Plaintiff: Pierre Azzi First Defendant: Fairfax Media Publications Pty Ltd Second Defendant: Kate McClymont Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Ms M Cowden