Gav v Ryde Ex Services Memorial and Community Club Ltd [2018] NSWSC 621

Supreme Court New South Wales

Medium Neutral Citation: Gav v Ryde Ex Services Memorial and Community Club Ltd [2018] NSWSC 621 Hearing dates: 20 April 2018 Decision date: 20 April 2018 Jurisdiction: Common Law Before: McCallum J Decision: Pursuant to s 8(1)(A) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) I prohibit the publication or other disclosure of Confidential Annexure A to the statement of claim and the Summons

Defendant's strike-in application rejected; the objection to the particulars to paragraph 35 is rejected; I rule that imputations (a) and (c) are capable of arising from the matter complained of; costs of today's application be each party's costs in the cause Catchwords: DEFAMATION – form of pleading – plaintiff seeking to restrain apprehended publication – whether "strike-in" of further material can be compelled in that context – imputations – whether capable of being conveyed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 15.19(e) Cases Cited: Charleston v News Group Newspapers Limited [1995] 2 AC 65 Noble v Phillips (No 2) [2018] NSWSC 25 Phelps v Nationwide News Pty Limited [2001] NSWSC 130 Category: Procedural and other rulings Parties: Greg Gav (plaintiff) Ryde Ex Services Memorial and Community Club Ltd (defendant) Representation: Counsel: BR McClintock SC, N Olson (plaintiff) JAC Potts SC (defendant)

Solicitors: Blackstone Waterhouse Lawyers (plaintiff) Thomson Geer Law (defendant) File Number(s): 201848387 Publication restriction: A non-publication order has been made in these proceedings