Gayed v Virgin Mary & St Markorious Coptic Orthodox Church [2024] NSWSC 1232

Supreme Court New South Wales

Medium Neutral Citation: Gayed v Virgin Mary & St Markorious Coptic Orthodox Church [2024] NSWSC 1232 Hearing dates: 22 March 2024 Date of orders: 1 October 2024 Decision date: 01 October 2024 Jurisdiction: Common Law Before: Rothman J Decision: (1) The Court dismisses the defendants' motion for summary dismissal and striking out of the pleadings; (2) The Court grants the plaintiff's motion for leave to file a Second Further Amended Statement of Claim; (3) The Court grants leave for the plaintiff to file a Second Further Amended Statement of Claim; (4) The defendants shall pay the plaintiff's costs of and incidental to the motion. Catchwords: Defamation – practice and procedure – notice of motion to file a second further amended statement of claim – notice of motion to dismiss proceedings summarily Legislation Cited: Amendment Act (Act No 16 of 2020) Civil Procedure Act 2005 (NSW) Defamation Act 2005 (NSW) Interpretation Act 1987 (NSW) Model Defamation Amendment Provisions 2020 Trade Union Act 1881 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Carson v Legal Services Commissioner [2000] NSWCA 308 Devane v Gati [1956] HCA 46; 95 CLR 174 Executive Council of Australian Jewry v Scully (1998) 79 FCR 537; [1988] FCA 66 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Williams v Spautz (1992) 174 CLR 509; [1992] HCA 34 Texts Cited: SJ Stoljar,Groups and Entities: An Inquiry into Corporate Theory (1973, Australian National University Press) Category: Procedural rulings Parties: Wafaie (Ray) Gayed (Plaintiff) Father Alexander Aziz (Second Defendant) Representation: Counsel: D Toohey (Plaintiff) D Helvadjian (Second Defendant)