Pahuja v TCN Channel Nine Pty Ltd (No 4) [2018] NSWSC 1575

Supreme Court New South Wales

Medium Neutral Citation: Pahuja v TCN Channel Nine Pty Ltd (No 4) [2018] NSWSC 1575 Decision date: 23 October 2018 Jurisdiction: Common Law Before: McCallum J Decision: Publication of reserved reasons for rulings given during trial Catchwords: DEFAMATION – defences – justification – application at close of evidence to have defence taken from the jury – whether the determination of such an application should be deferred and a verdict taken first – consideration of r 29.11 of the UCPR – whether evidence reasonably capable of establishing the substantial truth of plaintiff's imputations

DEFAMATION – defences – contextual truth – application to have defence taken from the jury after rulings given as to defence of justification and after special verdict taken on questions as to defamatory meaning and defence of justification – whether evidence capable of satisfying the statutory test in those circumstances Legislation Cited: Defamation Act 2005 (NSW), ss 25, 26 Supreme Court Act 1970 (NSW), s 90 Uniform Civil Procedure Rules 2005 (NSW), r 29.11 Cases Cited: Besser v Kermode (2011) 81 NSWLR 670; [2011] NSWCA 174 Chel v Fairfax Media Publications (No 6) [2017] NSWSC 230 Cross v Queensland Newspapers Pty Ltd [2008] NSWCA 80 Fairfax Digital Australia and New Zealand Pty Ltd v Kazal [2018] NSWCA 77 Greig v WIN Television NSW Pty Ltd [2009] NSWSC 632 Hobbs v Tinling [1929] 2 KB 1 John Fairfax publications Pty Ltd v Blake; David Syme & Co v Blake [2001] NSWCA 434 McKenzie v Mergen Holdings (1990) 20 NSWLR 42 Oscar Kazal v Fairfax Publications Pty Ltd [2017] NSWSC 44 Greek Herald Pty Ltd v Nikolopoulos & Ors [2002] NSWCA 41 Pahuja v TCN Channel 9 Pty Ltd (No 3) [2018] NSWSC 893 Turner v Ku-ring-gai Municipal Council (1990) 72 LGRA 60 Category: Procedural and other rulings Parties: Sunil Pahuja (plaintiff) TCN Channel Nine Pty Ltd (first defendant) Nine Network Australia Pty Ltd (second defendant) Ninemsn Pty Ltd (third defendant) Jesse Grayson (fourth defendant) Representation: Counsel: K Smark SC, S Chrysanthou B McClintock SC, M Richardson