NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Ding v Rdest [2018] NSWDC 411 Hearing dates: 8 November 2018 Date of orders: 13 December 2018 Decision date: 13 December 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Imputations 4(a) to 4(d) and 6(a) to 6(d) are struck out as not reasonably capable of being conveyed by each of the first and second matters complained of respectively. (2) Costs reserved with liberty to apply. (3) The parties are to bring in short minutes of order in relation to the future conduct of these proceedings. Catchwords: TORT - defamation - imputations - form and capacity Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 28.2 Cases Cited: Amalgamated Television Services Pty Ltd v Marsden (No 2) (2003) 57 NSWLR 338 Bik v Mirror Newspapers Ltd [1979] 2 NSWLR 679 n Chase v News Group Newspapers Ltd [2002] EWCA 1772; [2003] EMLR 11 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135 Greig v WIN Television NSW Pty Ltd [2007] NSWSC 1118 Hockey v Fairfax Media Publications Pty Limited [2015] FCA 652 Kostov v Nationwide News Pty Ltd [2018] NSWSC 858 Lesses v Maras (2017) 128 SASR 292 Liquor Marketing Group & Anor v Sadler [2000] NSWCA 161 Medford v Nationwide News Pty Ltd [2007] WASC 52 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Murphy v Nationwide News Pty Ltd (No 2) [2017] FCA 781 Purcell v Cruising Yacht Club of Australia Pty Ltd [2003] NSWSC 245 Rayney v State of Western Australia (No 9) [2017] WASC 367 Rivkin v John Fairfax Publications Ltd (Supreme Court of New South Wales, Levine J, 17 July 1998) Sands v State of South Australia (2015) 122 SASR 195 Sergi v Australian Broadcasting Commission [1983] 2 NSWLR 669 Sharp v Harbour Radio Pty Ltd [2015] NSWSC 1536 Trkulja v Google LLC [2018] HCA 25 Wagner v Harbour Radio Pty Ltd [2018] QSC 201 Texts Cited: George, P., Defamation Law in Australia (LexisNexis Butterworths, 2nd ed, 2012) Category: Procedural and other rulings Parties: Plaintiff: James Ding Defendant: Slawomir Rdest Representation: Counsel: Plaintiff: Mr R Weaver Defendant: Mr J Manner
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