Sleeman v Tuloch Pty Ltd t/as Palms on Oxford [2013] NSWDC 43

District Court New South Wales

Medium Neutral Citation: Sleeman v Tuloch Pty Ltd t/as Palms on Oxford [2013] NSWDC 43 Hearing dates: 12 April 2013 Decision date: 12 April 2013 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The proceedings as against the fourth and fifth defendants are, by consent, dismissed. (2) The first to fifth defendants' application for summary judgment is dismissed. (3) The plaintiff is to file and serve a further amended statement of claim deleting all references to the fourth and fifth defendants by 4:00pm Monday 15 April 2013. (4) The plaintiff is to pay the defendants' cost occasioned by this further amendment to the statement of claim. (5) The plaintiff to serve a verified List of Documents on or before 4:00pm 16 April 2013. (6) Time for the plaintiff to administer interrogatories is extended to today. (7) The plaintiff is to serve verified answers to interrogatories on or before 4:00pm 16 April 2013. (8) Orders (3), (5) and (7) are self-executing in nature and the proceedings may be dismissed for failure to comply. (9) The plaintiff pay the defendants' costs of today including the costs of the applications listed for hearing today, and including the application for summary disposal of the proceedings. (10) The plaintiff pay the costs of the fourth and fifth defendant's costs of the proceedings against them. (11) Direct the parties to take steps immediately to attend mediation with a private mediator, as no court mediation dates are available prior to the hearing. Catchwords: TORT - defamation - defamation claim set down for hearing - repeated failure by plaintiff to comply with case management orders prior to trial - application to strike out proceedings for want of prosecution Legislation Cited: Civil Procedure Act 2005 (NSW), ss 60 and 61 Uniform Civil Procedure Rules 2005 (NSW), rr 42.19 and 42.20 Cases Cited: Fairey v Fairey (No 2) [2000] NSWCA 173 Flanagan v Urban Publishing Group Pty Ltd [2012] NSWDC 238 Fleet v State of New South Wales [2009] NSWSC 75 Gate Gourmet Australia Pty Ltd (in liq) v Gate Gourmet AG [2002] NSWSC 727 Hoser v Hartcher [1999] NSWSC 527 Kim v Lee [2012] NZCA 19 Kim v Lee [2012] NZCA 248 Kim v Lee [2012] NZCA 256 Kim v Lee [2012] NZCA 600 Kim v New Korea Herald HC [2011] NZHC 1491 McNamara v Bao San [2010] NSWSC 809 Obeid v Australian Broadcasting Corporation & Ors (Supreme Court of NSW, Levine J, 10 July 1998) Pacanowski v Wakerman [2009] NSWCA 402 Packer v Meagher [1984] 3 NSWLR 486 Rivera v State of New South Wales & Anor [2012] NSWSC 1360 Van Leer Australia Pty Ltd v Palace Shipping KK (1981) 180 CLR 337 Weston v Publishing & Broadcasting Ltd [2011] NSWSC 433 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: Richard Sleeman First Defendant: Tuloch Pty Ltd (ACN 086 654 140) t/as Palms on Oxford Second Defendant: Peter Inwood Third Defendant: Rodney Innes Fourth Defendant: Clint James Unwin Fifth Defendant: ADCAS Pty Ltd (ACN 102 842 366) Representation: Plaintiff: Ms L Evans Defendants: Ms S Chrysanthou Plaintiff: Camille E Dezarnaulds & Associates Defendants: Sylvester & Browne Lawyers File Number(s): 2012/225941 Publication restriction: None