NSW Caselaw
New South Wales Supreme Court
CITATION : King v Linney [2009] NSWSC 911
HEARING DATE(S) : 2 September 2009
JUDGMENT DATE : 2 September 2009
JUDGMENT OF : Harrison J
EX TEMPORE JUDGMENT DATE : 2 September 2009
DECISION : Order pursuant to s 26(1) Civil Procedure Act 2005 that these poceedings be referred to mediation.
CATCHWORDS : PRACTICE & PROCEDURE – defamation and related proceedings between former neighbours – several interlocutory applications at an early stage – prospect that other similar applications will be made - considerable ill-feeling between the litigants – where a prospect exists that costs may be disproportionate to final outcome – Civil Procedure Act 2005 s 26(1) – where Court has power to order mediation – proceedings referred to mediation
LEGISLATION CITED : Civil Procedure Act 2005
CATEGORY : Procedural and other rulings
Wendy Gay King (First Plaintiff) PARTIES : Brendan John Murphy (Second Plaintiff) Darren Linney (First Defendant) Tanya Morris (Second Defendant)
FILE NUMBER(S) : SC 20035/2008
COUNSEL : P W Bates (Plaintiffs) S T Chrysanthou (Defendants)
SOLICITORS : Gerard Malouf & Partners (Plaintiffs) Goldsmith Lawyers (Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
HARRISON J
2 September 2009
20035/2008 Wendy Gay King and Brendan John Murphy v Darren Linney and Tanya Morris
JUDGMENT – EX TEMPORE 1 HIS HONOUR : These are proceedings that were originally commenced by statement of claim in 2008. An amended statement of claim was filed on 2 October 2008, which for present purposes is the relevant pleading. The plaintiffs claim damages for defamation and other relief.
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