Mohareb v Fairfax Media Publications Limited; Mohareb v Harbour Radio Pty Limited (No 2) [2020] NSWSC 1427

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Fairfax Media Publications Limited; Mohareb v Harbour Radio Pty Limited (No 2) [2020] NSWSC 1427 Hearing dates: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Common Law Before: Adamson J Decision: (1) Subject to orders 2, 3 and 4, dismiss the proceedings and order the plaintiff to pay the defendants' costs of the proceedings. (2) The operation of order 1 is stayed pending the determination by the High Court of the plaintiff's application for special leave to appeal. (3) If the application for special leave is unsuccessful, order 1 will apply and the order for dismissal of the proceedings will come into operation. (4) If the applicant is successful in his application for special leave, order 1 will be vacated pending the determination of the appeal in the High Court. (5) Note Mr Mohareb's assurance that he has filed, together with the application for special leave, all necessary accompanying material and that he does not propose to file any further application or material, unless at the request of the High Court. Catchwords: COSTS — Security for costs — Effect — Dismissal — Order dismissing proceedings stayed pending determination of special leave application Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.21 Cases Cited: Mohareb v Fairfax Media Publications Pty Limited; Mohareb v Harbour Radio Pty Limited [2019] NSWSC 1685 Mohareb v Harbour Radio Pty Ltd [2020] NSWCA 231 Category: Procedural and other rulings Parties: Proceedings 2017/35614 Nader Mohareb (Plaintiff) Fairfax Media Publications Pty Limited (First Defendant) Louise Hall (Second Defendant) State of New South Wales (Third Defendant)