NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Greinert v Brooker (No 2) [2018] NSWSC 1763 Hearing dates: 12 October 2018 Decision date: 15 October 2018 Jurisdiction: Common Law Before: McCallum J Decision: The defendants' application for leave to file the proposed amended cross-claim is refused; the defendants' application to have the amended statement of claim struck out is dismissed Catchwords: DEFAMATION – republication – liability of original publisher – where plaintiff sued source of material included in broadcast but did not sue the broadcaster – where broadcast relied upon only as to damages rather than as a separate cause of action – requirements of pleading of a cross-claim by the source against the broadcaster – requirements of pleading of claim by the plaintiff against the source Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5 Cases Cited: Bracks v Smyth-Kirk (2009) 263 ALR 522; [2009] NSWCA 401 Greinert v Brooker [2018] NSWSC 1194 Category: Procedural and other rulings Parties: Robert Alexander Greinert (plaintiff) John William Brooker (first defendant) Benjamin Morgan (second defendant) TCN Channel Nine Pty Ltd (first cross defendant) Nine Digital Pty Ltd (second cross defendant) Representation: Counsel: S Chrysanthou (plaintiff) R Rasmussen (defendants) M Richardson (cross defendants)
Solicitors: Ford Law (plaintiff) Kalantzis Lawyers (defendants) Mark O'Brien Legal (cross defendants) File Number(s): 2017/108676 Publication restriction: None
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