Adams v Network Ten Pty Ltd

[2010] NSWDC 198

CITATION:	Adams v Network Ten Pty Ltd [2010] NSWDC 198
HEARING DATE(S):	10 September 2010
JUDGMENT DATE:	10 September 2010
JURISDICTION:	Civil
JUDGMENT OF:	Gibson DCJ
DECISION:	(1) Imputations 4(a), 4(c), 6(d), 6(h), 6(i) are struck out. (2) Imputations 6(e) and 8(f) are struck out with leave to replead. (3) Imputations 4(b), 4(d), 6(a), 6(b), 6(c), 6(f), 6(g), 8(a), 8(b), 8(c), 8(d), 8(e), and 8(g) will go to the jury. (4) Amended statement of claim by 24 September 2010. (5) Defence to amended statement of claim by 4.00pm 21 October 2010. (6) Matter stood over to Defamation List on 22 October 2010 for argument on that day concerning any outstanding issues arising from the Amended Statement of Claim and to set a date for the Court’s motion requiring the parties to show why trial by jury should not be dispensed with pursuant to s 21(3) Defamation Act 2005 (NSW). (7) Plaintiff pay one half of defendants’ costs. (8) Exhibit A returned. (9) Liberty to restore on 7 days notice.
CATCHWORDS:	TORT - defamation - imputations - form and capacity
LEGISLATION CITED:	Defamation Act 2005 (NSW), s 21(3)
CASES CITED:	Ahmed v John Fairfax Publications Pty Ltd [2006] NSWCA 6 Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 Darby v Oxford University Press [2000] NSWSC 948 Dey v Victorian Railways Commissioner (1948) 78 CLR 62 Duncan v Nationwide News Pty Ltd [2000] NSWCA 155 Favell v Queensland Newspapers Pty Ltd (2005) 79 ALJR 1716 General Steel Industries Limited v Commissioner for Railways (New South Wales) (1964) 112 CLR 125 Goldberg v Randal [2008] NSWDC 45 Hall v Gould [2002] NSWSC 359 John Fairfax Publications Pty Ltd v Hitchcock (2007) 70 NSWLR 484 John Fairfax Publications Pty Ltd v Rivkin (2003) 201 ALR 77 Radio 2UE Sydney Pty Ltd v Chesterton (2009) 254 ALR 606; [2009] HCA 16 Singleton v John Fairfax & Sons Ltd (Supreme Court of NSW, Hunt J, 20 February 1980) Solaiman v Fairfax Media Publications [2008] NSWSC 847 Youssoupoff v MGM Pictures Ltd (1930) 50 TLR 581
TEXTS CITED:	Rares J, "The jury in defamation trials" (FCA) [2010] FedJSchol 2
PARTIES:	Plaintiff: Nick Adams First Defendant: Network Ten Pty Ltd Second Defendant: Brett Mason
FILE NUMBER(S):	126879 of 2010
COUNSEL:	Plaintiff: Mr R Rasmussen Defendants: Mr D Sibtain
SOLICITORS:	Plaintiff: Otto Stichter & Associates Defendants: Blake Dawson

Judgment

[1] These are reasons for the orders I made this morning in an application brought by the defendants to strike out imputations pleaded by the plaintiff as arising from three broadcasts on Channel Ten News in October, November and December 2009, in accordance with the procedure laid down by the NSW Court of Appeal in Ahmed v John Fairfax Publications Pty Ltd [2006] NSWCA 6.

[2] The background to the application is as follows. The plaintiff, by statement of claim filed on 21 May 2010, brings proceedings for defamation against the defendants, a television broadcaster and a journalist employed by the broadcaster, for three…