Anthony Samuel Zizza v John Silvester [2011] NSWSC 631

Anthony Samuel Zizza v John Silvester [2011] NSWSC 631

The words in the publication are capable of conveying to the ordinary reasonable reader that Mr Zizza agreed to kill Louie Bayeh in exchange for drug charges being dropped and that he conspired with corrupt police; therefore, imputations (b), (d) and (e) may go to the jury.

Parties
Plaintiff: Anthony Samuel Zizza; First Defendant: John Silvester; Second Defendant: Leonard Rule; Third Defendant: Sly Ink Pty Limited; Fourth Defendant: Floradale Productions Pty Limited
Jurisdiction
Australia
Judgment Date
14 June 2011
Procedural Posture
Defamation / Application Regarding Imputations to Be Put to the Jury
Outcome
Imputations (b), (d) and (e) may go to the jury; defendants ordered to pay plaintiff's costs; orders 1 to 4 including 4A made.
Legal Topics
Imputations, Capable of Conveying Meaning, Publication, Conspiracy, Criminal Allegations
Defamation Imputations Capable of Conveying Meaning Publication Conspiracy Criminal Allegations

Case Brief

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Parties

Anthony Samuel Zizza

Plaintiff

John Silvester

First Defendant

Leonard Rule

Second Defendant

Sly Ink Pty Limited

Third Defendant

Floradale Productions Pty Limited

Fourth Defendant

Procedural Posture

Defamation / Application Regarding Imputations to Be Put to the Jury

Legal Issues

  1. 1 Whether the publication is capable of conveying the pleaded imputations
  2. 2 Whether the matter complained of can convey imputations (b), (d) and (e)

Ratio Decidendi

The words in the publication are capable of conveying to the ordinary reasonable reader that Mr Zizza agreed to kill Louie Bayeh in exchange for drug charges being dropped and that he conspired with corrupt police; therefore, imputations (b), (d) and (e) may go to the jury.

Court Disposition

Imputations (b), (d) and (e) may go to the jury; defendants ordered to pay plaintiff's costs; orders 1 to 4 including 4A made.

Orders

  • Each of imputations (b), (d) and (e) may go to the jury.
  • Defendants ordered to pay the plaintiff's costs of the application.