Otis Carey vs. News Corporation
After a few months of quiet, Otis Carey is one step closer to having his day in court. Carey was allegedly defamed in the March edition of Surfing Life magazine, however the party defending the charges isn't Surfing Life but Nationwide News, a subsidiary of News Corporation.
Nationwide News publish The Daily Telegraph in Sydney, on the 12th March they reported upon the allegedly racist story penned by Nathan Myers that appeared in Surfing Life. Daily Telegraph journalist Briana Domjen quoted the offending lines from Myers' article in her column, Sydney Confidential. Those lines, although not written by Domjen, now form the basis of the court case.
Nationwide News and Briana Domjen are being represented by Ashurst, formerly known as Blake Dawson Waldron, one of Australia's largest legal firms. Carey is being represented by Sanford Legal based in Burwood.
Carey is arguing that the publication of Myers' quotes as they appeared in the Daily Telegraph is defamatory. In the weeks following their appearance in Sydney Confidential, the same quotes appeared on many surfing websites that covered the story as well as those of other mainstream publications.
Earlier this month Nationwide News made an application to the NSW District Court for summary dismissal of the case. The court ruled that Nationwide News do have a case to answer and it will now proceed to trial.
It's not known if Otis Carey is intending to take Surfing Life to court also for the original story.