NSW Caselaw
New South Wales Supreme Court
CITATION : Byrnes v John Fairfax Publications Pty Ltd [2006] NSWSC 251
HEARING DATE(S) : 22 March 2006
JUDGMENT DATE : 6 April 2006
JUDGMENT OF : Simpson J
DECISION : Proceedings numbered 20465 of 2000, 20047 of 2003 and 20241 of 2003 be stayed until such time as the plaintiff pays to the defendant in full the costs ordered to be paid by the Supreme Court of the ACT; parties to bring in short minutes of order.
CATCHWORDS : defamation - proceedings also brought by plaintiff in another jurisdiction - plaintiff ordered to pay costs of proceedings on indemnity basis - costs not paid - power to order payment of security for costs under UCPR - inherent power of court to order security for costs - principles applicable - relevance of delay in application - explanation for delay - alternative application for stay of proceedings pending payment of ACT costs
Defamation Act 1974 s7A LEGISLATION CITED : Civil Procedure Act 2005 s67 Uniform Civil Procedure Rules 2005 r12.10, r42.21
Morris v Hanley [2000] NSWSC 957 CASES CITED : Morris v Hanley [2001] NSWCA 374 Philips Electronics v Matthews [2002] NSWCA 157 Rajski v Computer Manufacture and Design Ltd (1982) 2 NSWLR 443
PARTIES : Jim Byrnes - Plaintiff John Fairfax Publications Pty Ltd - Defendant
FILE NUMBER(S) : SC 20465/00; 20241/03; 20047/03
COUNSEL : BR McClintock SC - Plaintiff TD Blackburn SC - Defendant
SOLICITORS : Monte Gildea - Plaintiff Freehills - Defendant
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
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