Mohareb v Jankulovski [2013] NSWSC 850

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Jankulovski [2013] NSWSC 850 Hearing dates: 07/05/2013, 08/05/2013 Decision date: 27 June 2013 Jurisdiction: Common Law Before: Harrison AsJ Decision: (1) The plaintiff's notice of motion filed 12 February 2013 is dismissed. (2) The plaintiff is to pay the defendants' costs of the motion filed 12 February 2013 on an ordinary basis. (3) Paragraph 8 of the further amended statement of claim filed 31 May 2012 is struck out. (4) Leave is granted to the plaintiff to replead his claim in relation to misleading or deceptive conduct only. The balance of the further amended statement of claim remains but is to be incorporated into the second further amended statement of claim. A second further amended statement of claim is to be filed and served within 14 days. (5) The plaintiff is to provide $5,000 for security for costs within 14 days. If there is no agreement between the parties as to its form and the manner it should take, the matter is referred to the Registrar for determination. (6) The proceedings are stayed until the security is given. (7) Costs of the defendants' motion filed 14 December 2012 are costs in the cause. (8) The defendants are to file a further amended defence within 28 days. (9) The plaintiff is to file a reply within 14 days after the further amended defence is filed. (10) Costs of the plaintiff's motion filed 22 August 2012 are costs in the cause. (11) The matter is listed for directions on at 9.00 am before the Registrar on 12 July 2013. Catchwords: PROCEDURE - Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: A v New South Wales [2007] HCA 10; (2007) 233 ALR 584; (2007) 81 ALJR 763 Banque Commerciale SA En Liquidation v Akhil Holdings Ltd [1990] HCA 11; (1990) 169 CLR 279 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Bhagat v Murphy [2000] NSWSC 892 Byrnes v Fairfax Publications Pty Ltd [2006] NSWSC 251 Chakravarti v Advertiser Newspapers Ltd [1998] HCA 37; (1998) 193 CLR 519 Drummoyne Municipal Council v Australian Broadcasting Corp (1990) 21 NSWLR 135 General Steel Industries Inc v Commissioner for Railways [1964] HCA 69; (1964) 112 CLR 125 Gould & Anor v Vaggelas & Ors [1984] HCA 68; (1984) 157 CLR 215 Hall-Gibbs Mercantile Agency Ltd v Dun [1910] HCA 66; (1910) 12 CLR 84 Hamade v State of New South Wales [2011] NSWSC 459 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 Helmos Enterprises Pty Ltd v Jaylor Pty Ltd [2005] NSWCA 235 Horrocks v Lowe [1975] AC 135 Jebeli v Modir and Golyaei [2005] NSWCA 184 Leichhardt Municipal Council v Green [2004] NSWCA 341 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 NAB v Meyers [2008] NSWSC 247 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Petritsis v Hellenic Herald Pty Ltd [1978] 2 NSWLR 174 Robinson v Nishtom Pty Limited & Anor [2009] NSWSC 36 Sydney City Council v Geftlick [2006] NSWCA 280 Sungravure Pty Ltd v Middle East Airlines Airliban SAL [1975] HCA 6; (1975) 134 CLR 1 Welzel v Francis [2011] NSWSC 477 Texts Cited: Australian Defamation Law and Practice (ADLP) LexisNexis Australia Category: Procedural and other rulings Parties: Nader Mohareb (Plaintiff) Emil Jankulovski (First Defendant) Emil & Sons Pty Ltd t/as Inducta Engineering (Second Defendant) Representation: Counsel: