Gee v Jamieson [2023] NSWDC 123

District Court New South Wales

Medium Neutral Citation: Gee v Jamieson [2023] NSWDC 123 Hearing dates: 27 April 2023 Date of orders: 27 April 2023 Decision date: 27 April 2023 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 57 Catchwords: CIVIL PROCEDURE – defamation suit – particulars include imputations that plaintiff was subject of charges concerning professional conduct in Malaysia – justification and contextual truth defences – subsisting disciplinary process against the plaintiff in Malaysia including an appeal to the Malaysian High Court - defendant's application for interim stay of local proceeding CONFLICT OF LAWS – consideration of adequacy of evidence of processes for appeal from a decision of a professional disciplinary appeal in a foreign country – whether the presumption that foreign law is the same as to that of the forum may be resorted to when considering how powers in the Malaysian High Court on an appeal from a disciplinary matter is applicable COSTS – defendant's application for discovery in relation to disputed categories – plaintiff's opposition to application dropped close to hearing – whether the defendant should obtain costs order for legal expenses wasted in prosecuting the procedural application Legislation Cited: Civil Procedure Act 2005 (NSW) s 67 District Court Act 1973 (NSW) ss 67, 156 Medical Act 1971 (Malaysia) s 31 Cases Cited: Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Ltd (2013) 250 CLR 303 Forge v ASIC (2004) 213 ALR 574 Hall v New South Wales Trotting Club Ltd [1977] 1 NSWLR 378 Neilson v Overseas Projects Corporation (2005) 223 CLR 331 Re Minister for Immigration and Ethnics Affairs & Anor; Ex parte Qin (1997) 186 CLR 622 Texts Cited: C Dickens, David Copperfield (1850) J R S Forbes, Disciplinary Tribunals (2nd ed, 1996, Federation Press) M Davies, A S Bell and P L G Brereton, Nygh's Conflict of Laws in Australia (8th ed, 2010) Category: Procedural rulings Parties: Mr T Gee Ms M Jamieson Representation: Counsel: Mr T Senior for the plaintiff Mr D Helvadjian for the defendant