Badri v Harbour Radio Pty Ltd [2018] NSWDC 314

District Court New South Wales

Medium Neutral Citation: Badri v Harbour Radio Pty Ltd [2018] NSWDC 314 Hearing dates: 23 August 2018 Date of orders: 23 August 2018 Decision date: 09 October 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: In relation to the first matter complained of (Radio 2GB Broadcast – 5 October 2017) (1) Imputations 3(a) and 3(h) are reasonably capable of being conveyed and reject the challenge to form. (2) Objections to imputation 3(b) are withdrawn. (3) In relation to imputation 3(c), grant leave to the plaintiff to replace the word "serious" with "illegal" and hold that this imputation is reasonably capable of being conveyed and reject the challenge to form. (4) Imputations 3(d) and 3(g) are to be pleaded as fall backs and is thereby reasonably capable of being conveyed; challenge to form rejected. (5) Imputations 3(e) and 3(f) are to be pleaded as fall backs and are reasonably capable of being conveyed and reject the challenge to form. (6) Imputations 3(i), 3(r) and 4(g) struck out with leave to replead replacing the word "causing". (7) Imputations 3(j), 3(s) and 4(h) struck out with leave to replead an act or condition. (8) In relation to imputation 3(k), grant leave to the plaintiff to amend to include the words "from the EPA" after "a serious environmental offence" and hold that in that form the imputation is reasonably capable of being conveyed and the challenge to form is rejected. (9) Imputations 3(l), 4(a), 3(m) and 4(b) are reasonably capable of being conveyed and reject the challenge to form (subject to identification ruling – subject to the repleading of imputation 3(m)). (10) Imputations 3(n) and 3(p) are to be pleaded as fall backs. (11) Imputations 3(o) and 4(d) withdrawn and struck out. (12) Objections to imputations 3(q) and 4(f) are withdrawn; imputations 3(q) and 4(f) are reasonably capable of being conveyed. (13) Imputations 3(t) and 4(i) are struck out with leave to replead.