Doan v Advanced Microdevices

[2003] NSWSC 560

CITATION:

DOAN & ANOR v ADVANCED MICRODEVICES & ORS [2003] NSWSC 560

HEARING DATE(S):

20 December 2002

JUDGMENT DATE:

25 June 2003

JUDGMENT OF:

Levine J

DECISION:

1. The plaintiffs within 14 days are to file an amended statement of claim in accordance only with these reasons.; 2. The defendants are to pay the plaintiffs' costs.; 3. I place the matter in the Registrar's Defamation Directions List on 11 July 2003.

CATCHWORDS:

Publication - republication - particulars - imputations of a corporation - capacity - difference in substance

CASES CITED:

Armitage v Double Bay Newspapers Pty Ltd (NSWSC, unreported, 26 September 1991)
Griffith v Australian Broadcasting Corporation [2003] NSWSC 298

PARTIES :

NGAT DOAN
(First plaintiff)

APD INTERNATIONAL PTY LTD
(ACN 060 392 556)
(Second plaintiff)

v

ADVANCED MICRO DEVICES INC
(First defendant)

PENTON MEDIA AUSTRALIA PTY LTD
(ACN 095 358 802)
(Second defendant)

PAUL BROWN
(Third defendant)

FILE NUMBER(S):

SC 20431 OF 2002

COUNSEL:

T Molomby SC
(Plaintiffs)

C Henderson
(First defendant)

G Hryce
(Second defendant)

T Blackburn
(Third defendant)

SOLICITORS:

Verekers
(Plaintiffs)

Tress Cocks & Maddox
(First defendant)

Corrs Chambers Westgarth
(Second defendant)

Minter Ellinson
(Third defendant)

[2003] NSWSC 560

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST

JUSTICE DAVID LEVINE

WEDNESDAY 25 JUNE 2003

20431 OF 2002

NGAT DOAN
(First plaintiff)

APD INTERNATIONAL Pty Ltd
(acn 060 392 556)
(S econd plaintiff)

v

ADVANCED MICRO DEVICES INC
(First defendant)

PENTON MEDIA AUSTRALIA PTY LTD
(ACN 095 358 802)
(Second defendant)

PAUL BROWN
(Third defendant)
JUDGMENT (Publication – republication – particulars – imputations of a corporation – capacity – difference in substance)

1 The plaintiffs sue in respect of two publications. The first was on or about 6 May 2002; the text is appended to these reasons as Appendix A. The second publication complained of is said to have been published on 3 May 2002; its text is Appendix B.

2 In relation to the first matter complained of the following particulars of publication are provided:

8 Particulars of Publication by the First Defendant
The publication of the first matter complained of by the Second Defendant was authorised or intended by the First Defendant, or was the natural and probable result of the First Defendant through its employee John Girvan or otherwise, or through the Third Defendant and/or its solicitors Baker and McKenzie, giving to the Second Defendant the information which appears in lines 2 to 22 and 26 to 54 of the first matter complained of.
Particulars of Publication by the Second Defendant
The first matter complained of was published by the Second Defendant as an article entitled “$3 million marketing scam exposed”, accompanied by a large colour photograph of the First Plaintiff carrying the caption “APD MD Ngat Doan”, on pages 5, 7 and 59 of the issue of “CRN Australia” dated 6 May 2002. The Plaintiffs do not know, but expect to establish from discovery or interrogatories, the distribution and readership of “CRN Australia”.
Particulars of Publication by the Third…