Tabbaa v Nine Network Australia Pty Ltd - [2015] NSWDC 171

District Court

New South Wales

Medium Neutral Citation: Tabbaa v Nine Network Australia Pty Ltd [2015] NSWDC 171
Hearing dates: 13 August 2015
Date of orders: 13 August 2015
Decision date: 13 August 2015
Jurisdiction: Civil
Before: Gibson DCJ
Decision:
(1) Pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW), the defendant’s challenge to imputation (d) is dismissed and imputations (a) to (d) will go to the jury.
(2) The defendant is to file any application for transfer of these proceedings to the Supreme Court, on the understanding that these proceedings overlap with the action of Mr Tabbaa against TCN Channel Nine Pty Ltd (2015/79981), in 21 days, failing which a Defence is to be filed by 9 September 2015.
(3) Matter stood over to the Defamation List on 10 September 2015 at 9:00am.
(4) Defendant pay the plaintiff’s costs of today.

Catchwords: TORT - defamation - imputations - form and capacity - application for transfer of proceedings - case management of multiple proceedings in the Supreme and District courts
Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62
Uniform Civil Procedure Rules 2005 (NSW), r 28.2Click here to enter text.
Cases Cited: Amalgamated Television Services v Marsden (1998) 43 NSWLR 158
Bateman and Idameneo (No 123) Pty Ltd v Fairfax Media Publications Pty Ltd and Ors [2013] ACTSC 72
Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227
Dank v Herald and Weekly Times Pty Ltd (ACN 004 113 937) [2015] VSC 270
Dank v Whittaker (No 4) [2014] NSWSC 732
Fairfax Media Publications Pty Ltd v Cummings; Fairfax Digital Australia & New Zealand Pty Ltd v Cummings [2013] ACTCA 37
Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186
Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231
Maitland v Nationwide News Pty Ltd [2004] NSWCA 155
Maple v David Syme & Co Ltd [1975] 3 NSWLR 97
Palavi v Queensland Newspapers Pty Ltd (2012) 84 NSWLR 523
Snedden v Nationwide News Pty Ltd [2011] NSWCA 262
Tabbaa v Nine Network Australia Pty Ltd [2015] NSWSC 1115
Tabbaa v TCN Channel Nine Pty Ltd [2015] NSWSC 920
Tabbaa v TCN Channel Nine Pty Ltd (No 2) [2015] NSWSC 921
Tabbaa v TCN Channel Nine Pty Ltd (No 3) [2015] NSWSC 1114
Toben v Mathieson; Toben v Nationwide News Pty Ltd [2013] NSWSC 1530Click here to enter text.
Category: Procedural and other rulings
Parties: Plaintiff: Pamela June Tabbaa
Defendant: Nine Network Australia Pty Ltd (ACN 008 685 407)
Representation:
Counsel:
Plaintiff: Mr R Rasmussen
Defendant: Mr A T S Dawson
Solicitors:
Plaintiff: Turner Freeman
Defendant: M+K Lawyers

File Number(s): 2015/181480
Publication restriction: None

Judgment

The plaintiff brings proceedings for defamation for publication of a broadcast of and concerning the plaintiff as set out in a section of the “60 Minutes” programme broadcasted on 29 June 2014.
These are reasons for my rulings in relation to the capacity of the imputation (d).
The imputations pleaded in paragraph 3 of the statement of claim…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] NSWDC 171
Decision Date: 13 August 2015

CaseChat Overview and Summary

The plaintiff, Mr Tabbaa, initiated defamation proceedings against Nine Network Australia Pty Ltd in the District Court of New South Wales. The defamation arose from a news segment broadcast by the defendant, which the plaintiff claimed contained defamatory imputations about his professional conduct. The defendant contested the allegations, leading to a complex litigation process involving multiple imputations and jurisdictional issues. The court was tasked with deciding which imputations would be submitted to the jury and handling the defendant's request to transfer the proceedings to the Supreme Court due to overlapping matters.

The legal issues before the court included determining the defamatory imputations from the broadcast that would be considered by the jury and resolving the defendant's application to transfer the proceedings to the Supreme Court. The court needed to assess the nature and scope of the defamatory imputations and decide whether the overlap with another proceeding warranted a transfer. The court also had to address the procedural aspects of managing multiple defamation claims in different courts.

The court dismissed the defendant's challenge to one of the imputations, finding that it would go to the jury. The court emphasised the importance of handling multiple proceedings efficiently and ordered the defendant to file any application for transfer within 21 days or face a deadline for filing a defence. The court recognised the potential for confusion and inefficiency in managing overlapping defamation cases and aimed to streamline the process. The matter was stood over to allow for further court management and to provide clarity on the scope of the defamation claims.

Orders

Orders of the court

(1) Pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW), the defendant’s challenge to imputation (d) is dismissed and imputations (a) to (d) will go to the jury.

(2) The defendant is to file any application for transfer of these proceedings to the Supreme Court, on the understanding that these proceedings overlap with the action of Mr Tabbaa against TCN Channel Nine Pty Ltd (2015/79981), in 21 days, failing which a Defence is to be filed by 9 September 2015.

(3) Matter stood over to the Defamation List on 10 September 2015 at 9:00am.

(4) Defendant pay the plaintiff’s costs of today.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Tabbaa v Nine Network Australia Pty Ltd [2015] NSWDC 171
Hearing dates:	13 August 2015
Date of orders:	13 August 2015
Decision date:	13 August 2015
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW), the defendant’s challenge to imputation (d) is dismissed and imputations (a) to (d) will go to the jury. (2) The defendant is to file any application for transfer of these proceedings to the Supreme Court, on the understanding that these proceedings overlap with the action of Mr Tabbaa against TCN Channel Nine Pty Ltd (2015/79981), in 21 days, failing which a Defence is to be filed by 9 September 2015. (3) Matter stood over to the Defamation List on 10 September 2015 at 9:00am. (4) Defendant pay the plaintiff’s costs of today.
Catchwords:	TORT - defamation - imputations - form and capacity - application for transfer of proceedings - case management of multiple proceedings in the Supreme and District courts
Legislation Cited:	Civil Procedure Act 2005 (NSW), ss 56 – 62 Uniform Civil Procedure Rules 2005 (NSW), r 28.2Click here to enter text.
Cases Cited:	Amalgamated Television Services v Marsden (1998) 43 NSWLR 158 Bateman and Idameneo (No 123) Pty Ltd v Fairfax Media Publications Pty Ltd and Ors [2013] ACTSC 72 Corby v Allen & Unwin Pty Ltd [2014] NSWCA 227 Dank v Herald and Weekly Times Pty Ltd (ACN 004 113 937) [2015] VSC 270 Dank v Whittaker (No 4) [2014] NSWSC 732 Fairfax Media Publications Pty Ltd v Cummings; Fairfax Digital Australia & New Zealand Pty Ltd v Cummings [2013] ACTCA 37 Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Maitland v Nationwide News Pty Ltd [2004] NSWCA 155 Maple v David Syme & Co Ltd [1975] 3 NSWLR 97 Palavi v Queensland Newspapers Pty Ltd (2012) 84 NSWLR 523 Snedden v Nationwide News Pty Ltd [2011] NSWCA 262 Tabbaa v Nine Network Australia Pty Ltd [2015] NSWSC 1115 Tabbaa v TCN Channel Nine Pty Ltd [2015] NSWSC 920 Tabbaa v TCN Channel Nine Pty Ltd (No 2) [2015] NSWSC 921 Tabbaa v TCN Channel Nine Pty Ltd (No 3) [2015] NSWSC 1114 Toben v Mathieson; Toben v Nationwide News Pty Ltd [2013] NSWSC 1530Click here to enter text.
Category:	Procedural and other rulings
Parties:	Plaintiff: Pamela June Tabbaa Defendant: Nine Network Australia Pty Ltd (ACN 008 685 407)
Representation:	Counsel: Plaintiff: Mr R Rasmussen Defendant: Mr A T S Dawson Solicitors: Plaintiff: Turner Freeman Defendant: M+K Lawyers
File Number(s):	2015/181480
Publication restriction:	None