Voscarides v Corrigan [2020] NSWDC 788

District Court New South Wales

Medium Neutral Citation: Voscarides v Corrigan [2020] NSWDC 788 Hearing dates: 19 November 2020 Date of orders: 19 November 2020 Decision date: 26 November 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The defendant's application to rehear the challenge to identification, pursuant to Her Honour Judge Wass SC (Judgment 8 September 2020) is granted, but the challenge to identification is dismissed. (2) The plaintiffs' application for default judgment is dismissed. (3) Costs to be costs in the cause. (4) The defendant is to file and serve a Defence in these proceedings by Wednesday 3 February 2021 at 5pm, such order to be self-executing in nature. (5) Matter stood over to the Defamation List for further directions on Thursday 11 February 2021 at 9am. Catchwords: TORT – defamation – whether a second challenge to particulars of identification amounted to an abuse of process – whether defendant should be permitted to file a defence following non-compliance with earlier orders Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) s 109(1) Civil Procedure Act 2005 ss 56 to 60 Uniform Civil Procedure Rules 2005 r 28.2 Cases Cited: Bajramovic v Calubaquib [2015] NSWCA 139 Capilano Honey Ltd v Dowling (No 2) [2018] NSWCA 217 Douglas & Anor v John Fairfax & Sons Limited & Anor [1983] 3 NSWLR 126 Foord v John Fairfax & Sons Ltd (Supreme Court of NSW, 27 February 1987, unreported) Hall v Queensland Newspapers Pty Ltd [2002] 1 Qd R 376 Healy v Askin [1974] 1 NSWLR 436 Liu v The Age Co Ltd [2016] NSWCA 115 Maxwell-Smith v Warren [2007] NSWCA 270 Nominal Defendant v Manning (2000) 50 NSWLR 139 Plymouth Brethren Christian Church v The Age Company Ltd (2018) 97 NSWLR 739 Spencer v Commonwealth of Australia [2010] HCA 28 Steele v Mirror Newspapers Ltd [1972] 1 NSWLR 348 Category: Procedural and other rulings Parties: Plaintiffs: Anthony Voscarides Dina Gavarieva