I have found this interesting defense lodged by the AFR, Joe Aston and Myriam Robin. They admit everything of which they are accused except that what was written was defamatory to J. Karantzis.
They have, however, offered to settle (twice) on the 22nd September 2020 and renewed the offer 28 October 2020 and so far J. Karantzis has not accepted. Go, John!
I am printing the defence in jpg first for readability and next in Word for searchability.NOTICE OF FILING
This document was lodged electronically in the FEDERAL COURT OFAUSTRALIA (FCA) on 6/11/2020 3:52:44 PM AEDT and has been accepted for filingunder the Court’s Rules. Details of filing follow and important additionalinformation about these are set out below.
Detailsof Filing
DocumentLodged:Defence - Form 33 - Rule 16.32 FileNumber:NSD1019/2020
FileTitle:NIKOLAS JOHN KARANTZIS AKA JOHN KARANTZIS vFAIRFAX MEDIA PUBLICATIONS PTY LTD (ACN 003 357 720) &ORS
Registry:NEW SOUTH WALES REGISTRY - FEDERAL COURT OF AUSTRALIA
SHAPE \* MERGEFORMAT
Dated: 6/11/20203:52:51PMAEDTRegistrar
Important Information
As required by the Court’sRules, this Notice has been inserted as the first page of the document whichhas been accepted for electronic filing. It is now taken to be part of thatdocument for the purposes of the proceeding in the Court and contains importantinformation for all parties to that proceeding. It must be included in thedocument served on each of those parties.
The date and time oflodgment also shown above are the date and time that the document was receivedby the Court. Under the Court’s Rules the date of filing of the document is theday it was lodged (if that is a business day for the Registry which accepts itand the document was received by 4.30 pmlocaltime at that Registry) or otherwise the next working day for thatRegistry.
Form 33
Rule 16.32
Defence
Federal Court of Australia
DistrictRegistry: New South Wales Division: General
Nikolas John Karantzis aka John Karantzis
Applicant
Fairfax Media Publications Pty Ltd (ACN 003 357 720)
First Respondent
Joe Aston
Second Respondent Myriam Robin ThirdRespondent
No.NSD1019 of2020
The Respondentsrely on the following facts and assertion in relation to the allegations madein the Statement of Claim filed on 11 September 2020:
The Applicant
1.The Respondents do not admit the allegations inparagraph1.
Respondents
2.In answer to paragraph 2, the FirstRespondent:
a.admitsthe allegations in paragraph (a) of the saidparagraph;
b.admitsthat, at all material times, it published a newspaper known as The Australian Financial Review throughoutAustralia, including in the Australian CapitalTerritory;
c.admitsthat, at all material times, it has operated a website located at the URL www.copyright linkfrom which articles maybedownloaded;
d.otherwisedoes not admit the allegations in the saidparagraph.
1
Filed on behalf of (name & role ofparty)Respondents Preparedby (name of person/lawyer)JustinQuill Law firm (ifapplicable)ThomsonGeerTel038083748FaxEmail[email protected]
Address for service
Level 39,Rialto South Tower, 525 Collins Street, Melbourne VIC 3000
(includestateandpostcode)3387489_1 .[Formapproved01/08/2011]
3.The Second Respondent admits the allegations inparagraph3.
4.The Third Respondent admits the allegations inparagraph4.
Matter complained of
5.In answer to paragraph 5, theRespondents:
a.admitthat the First Respondent published the matter complained of as it appears inthe first two pages of ScheduleA;
b.admitthat the Second Respondent published the matter complained of as it appears inthe first two pages of Schedule A, save for the headlines, the photographs andthe captions beneath those photographs;and
c.otherwisedeny the allegations in the saidparagraph.
6.In answer to paragraph 6, the FirstRespondent:
a.admitsthat it uploaded to the AFR website the article reproduced in Schedule B andadmits that, by the downloading and reading of that article by some persons inAustralia, it republished the matter complainedof;
b.admitsthat the said article remains available for download from the AFRwebsite;
c.otherwisedoes not admit the allegations in the saidparagraph.
7.In answer to paragraph 7, theRespondents:
a.admitthat the First and Second Respondents made the article reproduced in ScheduleB, which article had been uploaded to the AFR website, available fordownloading from the Joe Aston Facebook page and the Joe Aston Twitter accountand admits that, by the downloading and reading of that article by some personsin Australia, they republished the matter complainedof;
b.otherwisedeny the allegations in the saidparagraph.
8.In answer to paragraph 8, the Respondents denythat the matter complained of, in its natural and ordinary meaning orotherwise:
a.wasreasonably capable of conveying, or did in fact convey, any of the imputationspleaded in the said paragraph or meanings not different in substance from anyof those imputations;and
b.wasreasonably capable of being, or was in fact, defamatory of the Applicant, inthe sense pleaded orotherwise.
Damages
9.The Respondents deny the allegations paragraph9.
10.The Respondents deny any entitlement on the partof the Applicant to the relief claimed in paragraph 10, or to any relief atall.
DEFENCES
11.Further, or in the alternative, the Respondentssay that insofar as, and to the extent that, it may be found that the mattercomplained of was defamatory of the Applicant in its natural and ordinarymeaning, or bearing one or more of the imputations set out in paragraph 8 ofthe Statement of Claim (which is denied), the Respondents rely upon thefollowingdefence.
Offer to Make Amends – section 18 ofthe Defamation Act 2005 (NSW)
12.The Respondents saythat:
a.theRespondents made an offer to make amends to the Applicant as soon aspracticable after becoming aware that the matter may bedefamatory;
b.theRespondents remain ready and willing, on acceptance of the offer by theApplicant, to carry out the terms of theoffer;
c.theApplicant has failed to accept theoffer.
Particulars
i.Theoffer of amends was made in the letter dated 22 September 2020 from theRespondents’solicitors.
ii.Arenewed offer of amends was made in the letter dated 28 October 2020 from theRespondents' solicitors.
This pleading was prepared byDauid R Sibtain, counsel
Certificate of lawyer
I, Justin Quill,certify to the Court that, in relation to the defence filed on behalf of theRespondents, the factual and legal material available to me at present providesa proper basis for:
(a)each allegation in the pleading;and
(b)each denial in the pleading;and
(c)each non admission in thepleading.
Signedby Justin Quill Lawyer for the Respondent
Date: 6 November 2020
