NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Flanagan v Urban Publishing Group Pty Ltd [2012] NSWDC 238 Hearing dates: 19 October 2012 Decision date: 19 October 2012 Jurisdiction: Civil Before: Gibson DCJ Decision: Notations: (1) Urban Publishing Group Pty Ltd called outside the court three times at 9:35am - no appearance. (2) Urban Publishing Group Pty Ltd called outside the court three times at 9:50am a second time - no appearance. Orders: (1) A self-executing order extending time for the defendant to file a Defence and/or notify challenges to the form of the Statement of Claim (including any capacity, publication or identification issues) to Thursday 25 October 2012 at 4:00pm. (2) The court is to forward a copy of these orders to the defendant at its registered office (with a copy to Bamford Lawyers by email) by midday today. (3) These proceedings are stood over for further directions, if appropriate, the entry of judgment by peremptory order, to Friday 26 October 2012 at 10:00am. (4) Costs reserved. (5) Liberty to apply on 24 hours notice prior to Friday 26 October 2012. Catchwords: DEFAMATION - case management of hearing listed for trial - proceedings listed for hearing before defence filed - defendant's correspondence concerning challenges to pleadings of capacity, publication and identification not answered - unavailaibility of default judgment in defamation proceedings Legislation Cited: Defamation Act 2005 (NSW) Cases Cited: Altarama Ltd v Forsyth [1981] 1 NSWLR 188 Lee v Kim [2011] NZCA 256 Texts Cited: B. Gardiner, "No Rush To Judgment" (2010) 84(5) LIJ 56 Tobin & Sexton, Australian Defamation Law and Practice (LexisNexis) Category: Procedural and other rulings Parties: Plaintiff: Marcus Flanagan Defendant: Flanagan v Urban Publishing Group Pty Ltd (ACN 107 580 094) Representation: Plaintiff: Mr M Klooster Defendant: No appearance Plaintiff: Schofield King Lawyers Defendant: No appearance File Number(s): 2012/270858 Publication restriction: None
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