Mallegowda v Sood [2013] NSWDC 98

District Court New South Wales

Medium Neutral Citation: Mallegowda v Sood [2013] NSWDC 98 Hearing dates: 12 June 2013 Decision date: 21 June 2013 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) No application having been brought by the defendants in accordance with order 7 made on 12 June 2013, all documents produced on subpoena by any party or person are to be returned by the Newcastle Registry forthwith. (2) Reserve the issue of costs in relation to the issue of early subpoenae (other than costs referrable to the costs order of 12 June 2013) to the Defamation List judge. (3) Grant leave to the plaintiff to re-list the plaintiff's notices of motion of 18 March 2013 and 30 April 2013 before Bozic SC DCJ. (4) The Defendants file and serve their Defences to the Third Further Amended Statement of Claim by 12 July 2013. (5) The First Defendant/Cross-Claimant file and serve his Statement of Cross-Claim by 12 July 2013. (6) The Plaintiff file and service any Reply to the Defence to the Third Further Amended Statement of Claim by 6 August 2013. (7) The Plaintiff/Cross-Defendant file and serve his Defence to the Statement of Cross-Claim by 6 August 2013. (8) The First Defendant/Cross-Claimant file and serve any Reply to the Defence to the Statement of Cross-Claim by 16 August 2013. (9) The proceedings are referred for mediation pursuant Section 26 of the Civil Procedure Act 2005, such mediation to be undertaken by a mediator to be appointed by the Court. (10) Note the parties intend to mediate the matter before the next return date on 27 September 2013. (11) Matter listed for directions on Friday 27 September 2013 in the Defamation List. Catchwords: TORT - defamation - plaintiff's statement of claim struck out - defendants bring fresh application to strike out statement of claim - form and capacity of imputations - defendants issue subpoenae for plaintiff's medical and telephone records although no defence filed - circumstances in which leave to issue subpoenae early will be granted Legislation Cited: Uniform Civil Procedure Rules 2004 (NSW), rr 13.6, 14.28, 15.8, 15.9 and 15.32(a) Cases Cited: Associated Dominion Assurance Society Pty Ltd v John Fairfax & Sons Ltd (1955) 72 WN. (NSW) 250 Bishop v Latimer (1861) 4 LT (NS) 775 Buswell v Carles [2012] WASC 509 Griffith v Australian Broadcasting Corp [2002] NSWSC 86 Harrigan v Jones [2000] NSWSC 814 Kelly v Harbour Radio Pty Ltd [2013] NSWSC 9 Loo v Rural Press Pty Ltd [2003] NSWSC 107 Lucas v John Fairfax Publications Pty Ltd [2000] NSWSC 950 Maisel v Financial Times Ltd [1915] 112 LT 953 McMahon v John Fairfax Publications Pty Ltd (No 6) [2012] NSWSC 224 Megna v Marshall [2010] NSWSC 686 NSW Commissioner of Police v Tuxford [2002] NSWCA 139 Saint v John Fairfax Publications Pty Ltd [2002] NSWSC 312 Scott v Nationwide News Pty Ltd [2005] NSWSC 169 Singleton v John Fairfax & Sons Ltd (Supreme Court of New South Wales, Hunt J, 20 February 1980) Tucker v Echo Publications Pty Ltd [2000] NSWSC 239 W. A. Pines Pty Ltd v Bannerman (1980) ATPR 40-163 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: Shashikanth Mallegowda First Defendant: Amit Sood Second Defendant: Naveen Lingaiah Representation: Plaintiff: Mr R Rasmussen Defendants: Mr B Connell Plaintiff: Vaikom Rajeev Defendants: Roberts Legal File Number(s): 2012/352080 Publication restriction: None