NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Sommerville v Schieb; Horan v Schieb [2024] NSWDC 6 Hearing dates: 31 January 2024 Date of orders: 31 January 2024 Decision date: 31 January 2024 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendant's Notice of Motion granted in relation to proceedings 2023/00253298 (Horan v Schieb). (2) Proceedings 2023/00253298 struck out and dismissed, with costs reserved. (3) Defendant's Notice of Motion in relation to proceedings 2023/00253300 (Sommerville v Schieb) refused, with costs reserved; these proceedings adjourned to 11 April 2024. (4) Exhibits retained until further order. Catchwords: TORT – defamation – concerns notice for one of two plaintiffs fails to provide particulars of serious harm for that plaintiff – particulars of serious harm not proffered until more than 28 days later – whether failure to provide particulars of serious harm rendered the concerns notice ineffective – whether the particulars proffered more than 28 days later were permissible or sufficient – claim brought by that plaintiff dismissed - whether the particulars provided on behalf of the other plaintiff were sufficient – particulars related to impact on his business, political activities and health – particulars held to be sufficient Legislation Cited: Defamation Act 2005 (NSW), ss 3, 10A, 12A, 12B, 23 Uniform Civil Procedure Rules 2005 (NSW), r 15.19(2)(c) Cases Cited: Cooper v Nine Entertainment Co Pty Ltd [2023] FCA 726 Georges v Georges [2022] NSWDC 558 Hooper v Catholic Family Services trading as Centacare Catholic Family Services [2023] FedCFamC2G 323 Iskander v Barcos [2023] VCC 2074 Martin v Najem [2022] NSWDC 479 Newman v Whittington [2022] NSWSC 249 Nyasulu v Naikelekele [2022] NSWDC 507 Zhao v Zheng [2023] QDC 108 Zimmerman v Perkiss [2022] NSWDC 448 Texts Cited: Nil Category: Procedural rulings Parties: Tim Horan (plaintiff) Brian Sommerville (plaintiff) Don Schieb (defendant) Representation: Counsel: D Bracken (plaintiffs) C Amato (defendant)
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