Naoum (Consul General for Lebanon in Sydney) v Dannawi [2011] NSWSC 23

Supreme Court New South Wales

Medium Neutral Citation: Naoum (Consul General for Lebanon in Sydney) v Dannawi [2011] NSWSC 23 Hearing dates: 25 January 2011 Decision date: 25 January 2011 Jurisdiction: Common Law Before: Pembroke J Decision: 1 I order the plaintiff to give to the defendant security for the defendant's costs of these proceedings; 2 The amount of security should be agreed between the parties or fixed by a Registrar of this court; 3 I order a stay of the proceedings unless and until security is provided in an amount and form that is agreed, or failing agreement, fixed by a Registrar; 4 I dismiss the application for expedition; 5 I order the plaintiff to pay the costs of both notices of motion. Catchwords: SECURITY FOR COSTS - diplomatic immunity - personal right of action for defamation - not in exercise of consular function Legislation Cited: Consular Privileges & Immunities Act 1972 (Cth) Vienna Convention on Consular Relations 1963 Cases Cited: Habib v Radio 2UE Sydney Pty Limited [2009] NSWCA 231 Packer v Meagher [1984] 3 NSWLR 486 Category: Principal judgment Parties: Robert Naoum (Consul General for Lebanon in Sydney) (Plaintiff) Nabil Zafer Dannawi (Defendant) Representation: Counsel: M Rollinson (Plaintiff) P A Maddigan (Defendant) Solicitors: Cadmus Lawyers (Plaintiff) Mitry Lawyers (Defendant) File Number(s): 2010/00224488