Wraydeh v State of New South Wales [2018] NSWDC 138

District Court New South Wales

Medium Neutral Citation: Wraydeh v State of New South Wales [2018] NSWDC 138 Hearing dates: 10 May 2018 Date of orders: 07 June 2018 Decision date: 07 June 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff is granted leave to adopt the contextual imputations identified in paragraph 14 of the Defence in each of the matters complained of. (2) The parties to have liberty to bring in Short Minutes of Order setting out a timetable which will include the filing of a further amended statement of claim. (3) Costs reserved, with liberty to apply. Catchwords: TORT – defamation – plaintiff brings proceedings for defamation concerning publications that he had committed criminal offences – defendant pleads defences other than justification to the matters complained of but pleads two contextual imputations - plaintiff's application to adopt the defendant's contextual imputations – discretionary factors as to whether leave should be granted – whether leave should be refused in relation to an imputation that "the plaintiff is a criminal" on the basis that, by reason of the plaintiff's criminal record, this imputation was true - whether the plaintiff's criminal record meant that he was "libel-proof" – proof of the contextual imputation a disputed issue of fact for the trial, not for a summary finding of abuse of process Legislation Cited: Crimes Act 1900 (NSW), s 125 Defamation Act 1952 (UK), s 5 Defamation Act 1957 (Tas), s 18 Defamation Act 1974 (NSW), ss 15 and 16 Defamation Act 2005 (NSW), ss 25, 26 and 49 Promotion of National Unity and Reconciliation Act, 1995 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Ange v Fairfax Media Publications Pty Ltd [2010] NSWSC 645 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Bassett v Ironbark Press Pty Ltd (Supreme Court of New South Wales, Levine J, 21 October 1994) Besser v Kermode (2011) 81 NSWLR 157 Chase v News Group Newspapers Ltd [2002] EWCA 1772 Chel v Fairfax Media Publications Pty Limited [2015] NSWSC 171 Corby v Channel Seven Sydney Pty Ltd (Supreme Court of New South Wales, Nicholas J, 20 February 2008) Fairfax Digital Australia and New Zealand Pty Ltd v Kazal [2018] NSWCA 77 Farrow v Nationwide News Pty Ltd [2017] NSWCA 246 Hall v TCN Channel Nine Pty Ltd [2014] NSWSC 1604 Irving v Penguin Books Ltd [2000] All E R (D) 523 Jones v TCN Channel Nine Pty Ltd (No 3) [2016] NSWSC 922 Kermode v Fairfax Media Publications Pty Ltd [2010] NSWSC 852 McGrane v Channel Seven Brisbane Pty Ltd [2012] QSC 133 Moran v Schwartz Publishing Pty Ltd (No 3) [2015] WASC 215 Pahuja v TCN Channel Nine Pty Ltd [2015] NSWSC 1664 Sharp v Harbour Radio Pty Ltd (No 2) [2016] NSWSC 223 The Citizen 1978 (Pty) Ltd v McBride [2011] ZACC 11 Toben v Nationwide News Pty Ltd (2016) 338 ALR 329 YZ v Amazon (No 7) [2016] NSWSC 637 Texts Cited: Professor D K Rolph, "Showing restraint: Interlocutory injunctions in defamation cases" (2009) 14 MALR 255 Category: Procedural and other rulings Parties: Plaintiff: Hussein Wraydeh Defendant: State of New South Wales Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Ms S Chrysanthou