NSW Caselaw
New South Wales Supreme Court
CITATION : McBRIDE v JOHN FAIRFAX & ANOR [2004] NSWSC 181 HEARING DATE(S) : 30 October 2003 JUDGMENT DATE : 19 March 2004
JUDGMENT OF : Levine J DECISION : 1. I dismiss the defendants' Notice of Motion filed on 21 March 2003.; 2. I make an order in accordance with the plaintiff's Notice of Motion filed on 19 December 2002 that the proceedings be restored to the active list.; 3. The defendants are to pay the plaintiff's costs of the plaintiff's Notice of Motion and of the defendant's Notice of Motion.; 4. I place the matter in the Registrar's 9am list on Friday 26 March 2004.
CATCHWORDS : On application to dismiss for want of prosecution Birkett v James (1978) AC 297 CASES CITED : Micallef v ICI Australia Operations Pty Ltd [2001] ACL Rep 325 NSW 308 Stollznow v Calvert [1980] 2 NSWLR 749 WILLIAM GRIFFITH McBRIDE (Plaintiff)
v PARTIES : JOHN FAIRFAX GROUP PTY LTD (First defendant)
NORMAN SWAN (Second defendant) FILE NUMBER(S) : SC 13029 OF 1989 R A Campbell (Plaintiff) COUNSEL : K Smark (Defendants) Maurice May & Co (Plaintiff) SOLICITORS : Mallesons Stephen Jacques (Defendants)
[2004] NSWSC 181 IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
JUSTICE DAVID LEVINE
FRIDAY 19 MARCH 2004
13029 OF 1989
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