Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pettiona v Nationwide News Pty Limited [2019] FCA 1690 File numbers: NSD 1060 of 2019 NSD 1061 of 2019
Judge: LEE J
Date of judgment: 4 October 2019
Catchwords: DEFAMATION – whether the cap on damages in s 35 of the Defamation Act 2005 (NSW) applies to multiple applicants jointly or severally – held cap applies severally PRACTICE AND PROCEDURE – application for consolidation of proceedings – where two proceedings were commenced unnecessarily – proceedings consolidated
Legislation: Defamation Act 2005 (NSW) ss 34, 35, 40(2)(a) Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Cripps v Vakras [2014] VSC 279 Sappideen, C and Vines, P (eds), Fleming's The Law of Torts (2011, 10th ed)
Date of hearing: 4 October 2019
Registry: New South Wales
Division: General Division
National Practice Area: Other Federal Jurisdiction
Category: Catchwords
Number of paragraphs: 17
Counsel for the Applicants: Mr M Richardson
Solicitor for the Applicants: Mark O'Brien Legal
Counsel for the Respondents: Ms L E Barnett
Solicitor for the Respondents: Macpherson Kelley Pty Ltd
ORDERS NSD 1060 of 2019
BETWEEN: SHANE PETTIONA Applicant AND: NATIONWIDE NEWS PTY LIMITED (ACN 008 438 828) First Respondent
BEN BUTLER Second Respondent
JUDGE: LEE J DATE OF ORDER: 4 OCTOBER 2019
THE COURT ORDERS THAT:
1. Proceeding NSD1060 of 2019 styled as "Shane Pettiona v Nationwide News and Ors" and proceeding NSD1061 of 2019, styled as "Darren Pettiona v Nationwide News" be consolidated as one proceeding pursuant to r 30.11 of the Federal Court Rules 2011 (Cth), such that there be one proceeding in which Shane Pettiona and Darren Pettiona are applicants, with Shane Pettiona as the first applicant and Darren Pettiona as the second applicant, and bearing the proceedings number 1060 of 2019 (Consolidated Proceeding). 2. The costs of both parties in the proceedings prior to consolidation be the costs of the parties in the Consolidated Proceeding and all steps taken in each proceeding be regarded as steps taken in the Consolidated Proceeding. 3. The applicants in the Consolidated Proceeding file a statement of claim in that proceeding naming both applicants as applicants by 10 October 2019. 4. The respondents file a defence by 16 October 2019. 5. The applicants file a reply by 23 October 2019. 6. The costs of the application for consolidation and the costs associated with bringing two proceedings rather than one proceeding be the costs of each party in the proceedings. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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