Kirali v Matthews (No.2) [2022] NSWDC 218

District Court New South Wales

Medium Neutral Citation: Kirali v Matthews (No.2) [2022] NSWDC 218 Hearing dates: 9 June 2022 Date of orders: 21 June 2022 Decision date: 21 June 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: Orders: (1) Pursuant to s 20(3) of the Service and Execution of Process Act 1992 (Cth) (SEPA) and s 67 of the Civil Procedure Act 2005 (NSW), these proceedings are stayed pending further order, on the basis that the Supreme Court of Victoria is the appropriate court. (2) The parties have liberty to bring in Short Minutes of Order reflecting any necessary further steps to be taken in this court, including but not limited to the determination of the issue of costs. (3) Costs reserved, with liberty to apply. Catchwords: PRACTICE AND PROCEDURE - application for stay of proceedings pursuant to s 20 of the Service and Execution of Process Act 1992 (Cth) - plaintiff and defendant neighbours in rural Victoria - defendant objects to development proposal made to Council by plaintiff - plaintiff commences defamation proceedings for the defendant's letter of objection and for her posts on Facebook sites conducted by residents of Victoria - limited publication in New South Wales - balance of probabilities and relevant factors - stay granted Legislation Cited: Civil Procedure Act 2005 (NSW) s 67 Competition and Consumer Act 2010 (Cth) Schedule 2 ss 18(1), 20 and 50 Defamation Act 2005 (NSW) ss 11 and 23 Service and Execution of Process Act 1992 (Cth) s 20 Cases Cited: Aurisch & Anor v Wilson [2022] VCC 720 Coogan & Anor v Southern Publishers Pty Ltd & Ors (Supreme Court of New South Wales, Levine J, 21 June 1996) Hore-Lacy v David Syme & Co Ltd (1998) A Def R 53-010 Dutton v Bazzi (No 2) [2021] FCA 1560 Energetech Australia Pty Ltd v Sides Engineering Pty Ltd [2005] NSWSC 1143 Hansen v Border Morning Mail Pty Ltd (1987) 9 NSWLR 44 Herriots (Cairns) Pty Limited v Genworth Financial Mortgage Insurance Pty Limited; Herriots Pty Limited as Trustee for the Ian Herriot Family Trust v Genworth Financial Mortgage Insurance Pty Limited [2015] NSWDC 139 JE v Central Coast Local Health District & Ors [2022] NSWDC 31 Joshan v Pizza Pan Group Pty Ltd (2021) 106 NSWLR 104 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 Maple v David Syme & Co [1974] 1 NSWLR 297 McCready v Bendigo Health [2014] VSC 564 Mirabella v Price & Anor [2018] VCC 650 Mirabella v Price & Anor (Rulings) [2017] VCC 794 Ramsey & Ors v Vogler [2000] NSWCA 260 Sarina & Anor v O'Shannassy [2019] FCCA 732 Street & 7 Ors v Luna Park Sydney Pty Ltd & 3 Ors [2009] NSWSC 1 Wollongong City Council v Papadopoulos [2019] NSWCA 178 Young v Royal Society for the Prevention of Cruelty to Animals New South Wales [2020] NSWCA 360 Category: Procedural rulings Parties: Plaintiff: Sreejesh Kirali Defendant: Kerrie Matthews Representation: Counsel: Plaintiff: Mr R Rasmussen Defendant: Ms P Hart