Kapandritis v Nationwide News Pty Ltd [2019] NSWDC 684

District Court New South Wales

Medium Neutral Citation: Kapandritis v Nationwide News Pty Ltd [2019] NSWDC 684 Hearing dates: 7 November 2019 Date of orders: 07 November 2019 Decision date: 20 November 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendant's challenge to imputations 4(i) to 4(v) is dismissed. (2) Pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW), each of the imputations pleaded (including imputation 4(vi)) is reasonably capable of being conveyed. (3) Defendant's challenge to plaintiff's particulars of aggravation is dismissed (noting grapevine effect argument not pressed). (4) Plaintiff to provide particulars of republication in 14 days. (5) Defendant to pay plaintiff's costs on the ordinary basis; application for indemnity costs refused. (6) Defendant's defence by 5 December 2019. (7) Matter stood over to the Defamation List on Thursday 12 December 2019 for further directions. Catchwords: TORT – defamation – imputations – form and capacity Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.28 and 28.2 Cases Cited: Berezovsky v Forbes [2001] EWCA Civ 1251 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Mohareb v Fairfax Media Publications Pty Ltd (No 2) [2017] NSWSC 546 Category: Procedural and other rulings Parties: Plaintiff: Spiro Kapandritis Defendant: Nationwide News Pty Ltd Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Ms M Cowden