Greinert v Brooker (No 3) [2018] NSWSC 1771

Supreme Court New South Wales

Medium Neutral Citation: Greinert v Brooker (No 3) [2018] NSWSC 1771 Hearing dates: 2 November 2018 Decision date: 21 November 2018 Jurisdiction: Common Law Before: McCallum J Decision: Leave to file the proposed amended cross-claim served on 29 October 2018 is refused Catchwords: DEFAMATION – republication – where plaintiff sued persons who provided source material later included as part of a television broadcast but did not sue the broadcaster – repetition of source material in the broadcast relied upon by plaintiff only as to damages rather than as a separate cause of action – requirements of pleading of a cross-claim for contribution by the source against the broadcaster – whether open to source to plead claim against broadcaster based on less than the whole of the episode broadcast Legislation Cited: Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(1)(c) Cases Cited: Bracks v Denoon (Supreme Court (NSW), Nicholas J, 14 December 2006, unrep) Bracks v Smyth-Kirk (2009) 263 ALR 522; [2009] NSWCA 401 Greinert v Brooker (No 2) [2018] NSWSC 1763 Greinert v Brooker [2018] NSWSC 1194 McManus v Beckham (2002) 1 WLR 2982; [2002] EWCA Civ 939 Mohareb v Fairfax Media Publications (No 3) [2017] NSWSC 645 Tsvangarai v Special Broadcasting Service [2002] NSWSC 532 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)