Maatouk v Katrib [2022] NSWDC 463

District Court New South Wales

Medium Neutral Citation: Maatouk v Katrib [2022] NSWDC 463 Hearing dates: 6 October 2022 Date of orders: 11 October 2022 Decision date: 11 October 2022 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment and other orders entered on 7 July 2022 set aside. (2) Costs of this application reserved. (3) The parties are to bring in Short Minutes of Order reflecting a timetable for the future conduct of these proceedings. Catchwords: PRACTICE AND PROCEDURE - defendant fails to communicate with her pro bono lawyers, who do not file an amended defence conformably with a timetable - prior history of unsatisfactory pleading by both the plaintiff's lawyers and the defendant's previous lawyers - history of delay on both sides - whether entry of default judgment warranted - whether a defence on the merits was made out - no issue of principle Legislation Cited: Defamation Act 2005 (NSW), ss 12A,12B, 46 Uniform Civil Procedure Rules 2005 (NSW), r 36.16(2) Cases Cited: Altarama Ltd v Forsyth [1981] 1 NSWLR 188 Bazzi v Dutton [2022] FCAFC 84 Bindel v PinkNews Media Group Ltd and another [2021] EWHC 1868 (QB) Cumberland v Clark (1996) 39 NSWLR 514 Flanagan v Urban Publishing Group Pty Ltd [2012] NSWDC 238 French v Triple M Melbourne Pty Ltd [2006] VSC 36 Graham v Powell (No 3) [2014] NSWSC 185 Hanrahan v Ainsworth (1985) 1 NSWLR 370 Massarani v Kriz [2022] FCA 80 The Commonwealth of Australia v Verwayen (1990) 170 CLR 394 Woods v Baxter [2021] NSWDC 265 Texts Cited: District Court Practice Note (Civil) No. 6 Category: Procedural rulings Parties: Plaintiff: Mr Peter Maatouk Defendant: Ms Rima Katrib Representation: Counsel: Plaintiff: Mr T Senior Defendant: Mr R Potter SC