NSW Caselaw
New South Wales Supreme Court
CITATION : HANNA v MAKS [2003] NSWSC 158 14 February 2003 HEARING DATE(S) : 25 February 2003 6 March 2003 JUDGMENT DATE : 19 March 2003
JUDGMENT OF : Levine J DECISION : 1. I remove the action from the Registrar's Defamation Directions List on 21 March 2003.; 2. I dismiss the action against the defendants as an abuse of process of the Court.; 3. I order the plaintiff to pay the costs of the first and second defendants of the action and of the Notice of Motion.; 4. I order the plaintiff to pay the costs of the third to fifty-fourth defendants or any expenses incurred by them in respect of the initiation of the proceedings by the Statement of Claim filed on 8 January 2003. I reserve liberty to each such defendant to apply to the Defamation List Registrar in this regard.; 5. I order that the exhibits be retained for 28 days. In the event that no proceedings to appeal these orders has been instituted they may be returned to the parties by the Registry.
CATCHWORDS : Abuse of process LEGISLATION CITED : Defamation Act 19974 s50(4) Goldsmith v Sperrings Ltd (1977) 1 WLR 478 CASES CITED : Packer v Meagher (1984) 3 NSWLR 486 Webb v Bloch (1928) 41 CLR 331 Williams v Spautz (1992) 174 CLR 509 FIKRY MAKS (First Defendant)
MONA ADLY MAKS (Second Defendant)
NABIL NESSIM MALAK (Third Defendant)
MARK MERCURIUS (Fourth Defendant)
SAFWAT EL-BANNA (Fifth Defendant)
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