Bartlett v Roffey [2024] FCA 906

Federal Court of Australia

Bartlett v Roffey [2024] FCA 906 File number: WAD 132 of 2023

Judgment of: COLVIN J

Date of judgment: 15 August 2024

Catchwords: DEFAMATION - application for leave to bring proceedings nunc pro tunc under s 23 of the Defamation Act 2005 (WA) and s 23 of the Defamation Act 2005 (Vic) - where applicant discontinued earlier defamation proceedings in Supreme Court of Western Australia - where earlier proceedings discontinued only after applicant failed on contested interlocutory application for proceedings to be transferred to Supreme Court of Victoria - whether leave should be granted in the circumstances - whether grant of leave would give rise to multiplicity of proceedings - whether application an abuse of process - whether any grant of leave should be subject to conditions - held continuance of proceedings in this Court gives rise to multiplicity only in a very limited sense because earlier proceedings were discontinued before proceedings commenced in this Court - held discontinuance of earlier proceedings for the purpose of circumventing decision of Supreme Court constitutes an abuse of process - held abuse of process could be overcome by further orders transferring proceedings to Victoria Registry and requiring applicant to discharge liability to costs in Supreme Court - application allowed - further orders made

Legislation: Defamation Act 1974 (NSW) s 9 Defamation Act 2005 (Vic) s 23 Defamation Act 2005 (WA) s 23

Cases cited: Carey v Australian Broadcasting Corporation [2012] NSWCA 176; (2012) 84 NSWLR 90 Ghosh v Nine Digital Pty Ltd [2017] NSWCA 90 Hockey v Fairfax Media Publications Pty Limited (No 2) [2015] FCA 750; (2015) 237 FCR 127 Lakaev v McConkey [2023] TASSC 48 Massarani v Kriz [2022] FCA 80 Rush v Nationwide News Pty Limited (No 9) [2019] FCA 1383 UBS AG v Tyne [2018] HCA 45; (2018) 265 CLR 77 Zetta Jet Pte Ltd v The Ship 'Dragon Pearl' (No 2) [2018] FCAFC 132; (2018) 265 FCR 290