Greinert v Brooker [2018] NSWSC 1194

Supreme Court New South Wales

Medium Neutral Citation: Greinert v Brooker [2018] NSWSC 1194 Hearing dates: 17 July 2018 Decision date: 27 July 2018 Jurisdiction: Common Law Before: McCallum J Decision: Leave granted to the defendants to file a cross claim in the form provided at tab 4 of the Court Book; costs reserved. Catchwords: DEFAMATION – publication and republication – where material provided to journalist by sources republished on national television – plaintiff suing the sources only – application by sources for leave to file cross-claim seeking contribution under s 5(1)(c) of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) – whether fairly arguable that the publisher of the television broadcast is a concurrent tortfeasor liable in respect of the same damage – consideration of principles stated by the Court of Appeal in Bracks v Smyth-Kirk

PROCEDURE – application for leave to file cross-claim late – consideration of discretionary factors Legislation Cited: Defamation Act 2005 (NSW), ss 26, 30 Law Reform (Miscellaneous Provisions) Act 1946, s 5(1)(c) Uniform Civil Procedure Rules 2005 (NSW), r 9.1(1)(a) Cases Cited: Bracks v Smyth-Kirk (2009) 263 ALR 522; [2009] NSWCA 401 Bracks v Smyth-Kirk [2008] NSWSC 930 Category: Procedural and other rulings Parties: Robert Alexander Greinert (plaintiff) John William Brooker (first defendant) Benjamin Morgan (second defendant) TCN Channel Nine Pty Ltd, Nine Network Australia Pty Ltd and Nine Digital Pty Ltd (proposed cross respondents) Representation: Counsel: K Smark SC (plaintiff) R Rasmussen (defendants) M Richardson (proposed cross respondents)