McLachlan v Browne (No 8) [2018] NSWSC 1968

Supreme Court New South Wales

Medium Neutral Citation: McLachlan v Browne (No 8) [2018] NSWSC 1968 Hearing dates: 23, 26, 28 November 2018; 3, 7, 11, 12 December 2018 Date of orders: 12 December 2018 Decision date: 12 December 2018 Jurisdiction: Common Law Before: McCallum J Decision: Rulings given as to particulars of truth and additional contextual imputation in proposed amended defence; defendants granted leave to amend their defences in accordance with those rulings; defendants ordered to pay two thirds of the plaintiff's costs of the interlocutory applications heard and determined on 23, 26 and 28 November and 3, 7, 11 and 12 December 2018 Catchwords: DEFAMATION – defences – defences of truth and contextual truth – dispute as to particulars capable of supporting defence – proposed new contextual imputation – whether capable of meeting elements of defence

CIVIL PROCEDURE – application to have issues of liability and damages severed – where evidence in respect of damages potentially also relevant to contextual truth defence

COSTS – determination of multiple interlocutory applications over several days – rough estimate as to costs following the event Legislation Cited: Defamation Act 2005 (NSW), s 26 Cases Cited: Australian Broadcasting Corporation v Hodgkinson [2005] NSWCA 190 Greig v WIN Television NSW Pty Ltd [2009] NSWSC 876 McLachlan v Browne (No 7) [2018] NSWSC 1914 Mizikovsky v Queensland Television Ltd (No 3) [2011] QSC 375 Category: Procedural and other rulings Parties: Proceedings 2018/34244: Craig McLachlan (plaintiff) Christie Whelan Browne (first defendant) Fairfax Media Publications Pty Ltd (second defendant)