Massarani v Kriz [2022] FCA 80

FEDERAL COURT OF AUSTRALIA

Massarani v Kriz [2022] FCA 80 File number: NSD 1193 of 2020

Judgment of: KATZMANN J

Date of judgment: 9 February 2022

Catchwords: PRACTICE AND PROCEDURE — defamation action against three respondents — interlocutory applications for summary dismissal, permanent stay or strike out of applicant's pleading — whether Court has jurisdiction — whether leave required under s 23 of the Defamation Act 2005 (NSW) to commence the proceeding against the first respondent — whether the matter complained of is the "same or like matter" as publications the subject of a previous defamation suit in which the first respondent had been sued and which had been summarily dismissed — whether the proceeding an abuse of process — whether the proceeding was commenced or continued for an improper purpose — whether the time and costs necessary to prosecute the proceeding is out of all proportion to the benefit the applicant would derive from it — whether the proceeding is statute-barred — whether the third respondent has defence of innocent dissemination — whether the amended statement of claim discloses a reasonably arguable cause of action

Legislation: Evidence Act 1995 (Cth) s 126K Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 (Cth) rr 1.40, 16.02, 16.08, 16.21, 26.01 Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) s 9(3) Civil Law (Wrongs) Act 2002 (ACT) s 123 Defamation Act 2005 (NSW) ss 6(2), 11, 23, 32 Interpretation Act 1987 (NSW) s 36 Limitation Act 1969 (NSW) ss 14, 14B(1), 56A, 56D, 63, 68A Explanatory Note to the Defamation Amendment Bill 2005