Daily Insurance: Thursday, 28 May 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Executive Summary (One Minute Read)
Goldsmith v Ghosh (NSWSC) - defamation - injunctive relief - orders restraining publication of statements - leave to serve subpoena in United States
Bateman v Fairfax Media Publications Pty Ltd (No 4) (NSWSC) - defamation - injurious falsehood - publication of reserved reasons for various rulings
Summaries With Link (Five Minute Read)
Goldsmith v Ghosh [2015] NSWSC 631
Supreme Court of New South Wales
Hamill J
Defamation - plaintiff sued defendant for defamation - plaintiff sought urgent injunctive relief restraining defendant from publishing statements defamatory of him and requiring her to take all reasonable steps to remove from material from website - plaintiff also sought order under r11.5 Uniform Civil Procedure Rules 2005 for leave to serve subpoena in United States - balance of convenience - held: Court satisfied material complained of was capable of being held to be defamatory - Court prepared to make orders restraining defendant from publishing statements for limited period of time - in circumstances Court did not propose to make order in relation to removal of material - Court satisfied order under r11.5 should be made to enable to plaintiff to attempt to identify anonymous author of publications on other website - orders made.
Goldsmith
Bateman v Fairfax Media Publications Pty Ltd (No 4) [2015] NSWSC 610
Supreme Court of New South Wales
McCallum J
Pleadings - defamation - defences - contextual truth - action for defamation and injurious falsehood arising out of articles published in newspaper - interlocutory applications - publication of reserved reasons for various rulings - ss64(1)(a), 65(2)(c) & 65(3) Civil Procedure Act 2005 - s14B Limitation Act 1969 - held: plaintiff’s application to amend statement of claim against fifth defendant refused - existing pleading struck out against fifth defendant - defendants’ application for leave to file second further amended defence pleading new contextual imputation refused.
Bateman