Gregory Peters v Darren Gough [2021] NSWSC 696

Supreme Court New South Wales

Medium Neutral Citation: Gregory Peters v Darren Gough [2021] NSWSC 696 Hearing dates: 3 June 2021 Date of orders: 3 June 2021 Decision date: 03 June 2021 Jurisdiction: Common Law Before: N Adams J Decision: (1) The notice of motion dated 10 May 2021 is dismissed. (2) The defendant is to pay the plaintiff's costs of the motion on an ordinary basis. (3) These proceedings are listed before the Registrar on 25 June 2021 together with the proceedings number 2020/166888. The Registrar is to raise with the parties the Court's direction that consideration be given that these two matters be heard together. (4) The parties have liberty to apply to my chambers for the addition of further orders as to the timetable. Catchwords: CIVIL PROCEDURE — stay of proceedings – injurious falsehood – where alleged falsehoods arose from allegations of sexual misconduct on the part of the plaintiff – allegations made by the defendant's daughter – where defendant sent emails to board members regarding alleged of sexual misconduct – whether proceedings for injurious falsehood should be stayed pending the resolution of civil proceedings brought by the complainant against the plaintiff – similarity of issues in proceedings – undesirability of same evidence being given in both proceedings – whether stay would just, quick and cheap resolution of both proceedings – notice of motion dismissed Legislation Cited: Evidence Act 1995 (NSW), s 91 Defamation Act 2005 (NSW) Civil Procedure Act 2005 (NSW), ss 56-60 Crimes Act 1900 (NSW), s 61L Cases Cited: AAMI Australia Holdings Pty Ltd & anor v Fairfax Media Publications Pty Ltd & ors [2010] NSWSC 1395 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 L & W Developments Pty Ltd v Della [2003] NSWCA 140 O'Hearn (formerly DAO (No 4)) v R [2021] NSWCCA 103 Sterling Pharmaceuticals Pty Ltd v Boots Co (Australia) Pty Ltd (1992) 34 FCR 287 Category: Procedural rulings Parties: Gregory Peters (Plaintiff) Darren Gough (Defendant) Representation: Counsel: L Goodchild (Plaintiff) M Polden (Defendant)