Bottrill v Graham [2024] NSWDC 566

District Court New South Wales

Medium Neutral Citation: Bottrill v Graham [2024] NSWDC 566 Hearing dates: 21 November 2024 Date of orders: 21 November 2024 Decision date: 28 November 2024 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The second defendant's application to set aside service of the statement of claim on the basis that she was personally served as asserted by the process server, is refused. (2) As to costs of this application, the plaintiff is to pay the second defendant's out-of-pocket expenses in the sum of $100 in 14 days. (3) Pursuant to r 7.36 of UCPR, I am satisfied that it is in the interests of the administration of justice that, the court refer both of the defendants to the Registrar of this Court for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance. The Registrar should ensure that the defendants are separately advised in the event of conflict of interest between them. (4) Time for the first defendant to file a defence is extended to 12 February 2025. (5) Time for the second defendant to file an amended defence is extended to 12 February 2025. (6) These proceedings are stood over to 13 February 2025 for directions. Catchwords: PRACTICE AND PROCEDURE – defamation proceedings – concerns notice addressed to second defendant's current home address but statement of claim purported to have been served on her former address where her parents still reside – whether personal service effected by leaving the statement of claim with an unidentified person at the second defendant's parents' home Legislation Cited: Defamation Act 2005 (NSW), ss 12A, 12B Uniform Civil Procedure Rules 2005 (NSW), rr 7.36, 10.1, 10.20, 42.7 Cases Cited: Bottrill v Van Lieshout & Ors (Civil Dispute) [2015] ACAT 26 Capper v Thorpe (1998) 194 CLR 342; [1998] HCA 24 Edelbrand Pty Ltd v H M Australia Holdings Pty Ltd [2012] NSWCA 31 Ex parte Portingell [1892] 1 QB 15 Falgat Constructions Pty Ltd v Equity Australia Corporation Pty Ltd [2006] NSWCA 259 Hope v Hope (1854) 4 De GM & G; 43 ER 534 Ordo Templi Orientis v Legg (Anti Discrimination) [2007] VCAT 1484 Spencer v Bamber [2012] NSWCA 274 Texts Cited: Nil Category: Procedural rulings Parties: David Bottrill (Plaintiff) David Michael Graham (First Defendant) Cathryn Gale Gibson (Second Defendant) Representation: Counsel: Mr O'Connor (Solicitor for the Plaintiff) Second Defendant (Self-represented)