Murphy v The Walt Disney Company (Australia) Pty Limited [2013] NSWLC 13

Local Court New South Wales

Medium Neutral Citation: Murphy v The Walt Disney Company (Australia) Pty Limited [2013] NSWLC 13 Hearing dates: 25/09/2013 Decision date: 25 September 2013 Jurisdiction: Civil Before: Magistrate Schurr Decision: Proceedings summarily dismissed. Plaintiff to pay the Defendant's costs in the case on the ordinary basis, as agreed or assessed. Catchwords: PRACTICE & PROCEDURE - civil proceedings - application for dismissal of proceedings - application for striking out of Statement of Claim - no reasonable cause of action disclosed COSTS - application for indemnity costs - indemnity costs compensatory not punitive - absence of evidence of deliberate delay, falsehood or other aggravating features Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hamod v State of NSW (2002) 188 ALR 659 Wentworth v Rogers (No 5) (1986) 6 NSWLR 534 Category: Interlocutory applications Parties: David Gregory Murphy (Plaintiff/Respondent) The Walt Disney Company (Australia) Pty Limited (Defendant/Applicant) Representation: Plaintiff/Respondent in person Mr Lum for the Defendant/Applicant File Number(s): 2013/00076376

Judgment

Reasons for Decision 1Mr Murphy commenced proceedings on 13 March 2013 for the sum of $36,750 plus interest, initially against "The Walt Disney Company" and then, with leave, against Walt Disney Company (Australia) Pty Limited. 2On 11 June 2011 the default judgment entered on 23 April 2013 was set aside, and the name of the Defendant was amended. The Defendant claimed that the Statement of Claim was not served upon them, and that the only Walt Disney entity in Australia was the Walt Disney Company (Australia) Pty Ltd. A timetable was set. 3On 5 August 2013 the Defendant foreshadowed a Notice of Motion to strike out the proceedings. The hearing of that Notice of Motion was held on 25 September 2013.