Sawires v Price [2022] NSWDC 390

District Court New South Wales

Medium Neutral Citation: Sawires v Price [2022] NSWDC 390 Hearing dates: 1 September 2022 Date of orders: 1 September 2022 Decision date: 01 September 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: Orders: (1) Noting that Mr Sawires, the plaintiff, has not contacted the court as at 9:55am; the plaintiff's telephone number [redacted] was called at 9:57am and the call failed. (2) Noting the Plaintiff was called a second time at 11am and the call failed for a second time. (3) Pursuant to s 67 of the Civil Procedure Act 2005 (NSW), these proceedings are permanently stayed. (4) The plaintiff is to pay the defendant's costs of the proceedings on an indemnity basis as agreed or assessed. Catchwords: TORT - defamation - plaintiff commences proceedings for publications arising from material obtained under subpoena in Local Court proceedings - plaintiff's application to be released from his implied undertaking refused by the magistrate - application by defendant for proceedings to be struck out as an abuse of process - plaintiff fails to attend court - application granted Legislation Cited: Civil Procedure Act 2005 (NSW) s 67 Uniform Civil Procedure Rules 2005 (NSW) ("UCPR") r 29.7 Cases Cited: Ainsworth v Hanrahan (1991) 25 NSWLR 155 Attorney-General for Victoria v Bahonko [2011] VSC 352 Bahonko v Sterjov (2007) IR 43; [2007] FCA 1244 Bahonko v Sterjov (2008) 166 FCR 415 Hearne v Street (2008) 235 CLR 125; HCA 36 Lamb v Sherman [2021] QCA 290 Miller v RL Polk & Co (Australia) Pty Ltd (Supreme Court of NSW, Hunt J, 4 July 1985, unreported) Registrar, Supreme Court v McPherson [1980] 1 NSWLR 688 Riddick v Thames Board Mills Ltd [1977] 1 QB 881 Shiels v Manny; Manny v Shiels [2012] ACTCA 22 Victoria International Container Terminal v Lunt (2021) 271 CLR 132 Wallis v Valentine [2002] EWCA Civ 1034; [2003] EMLR 175 Category: Principal judgment Parties: Plaintiff: Mr Emad Sawires Defendant: Ms Christie Price Representation: Counsel: Defendant: Ms S Jeliba