Graham v Powell (No 2) [2013] NSWSC 2026

Supreme Court New South Wales

Medium Neutral Citation: Graham v Powell (No 2) [2013] NSWSC 2026 Hearing dates: 13 December 2013 Decision date: 13 December 2013 Before: McCallum J Decision: Defendant's application for a stay of the plaintiff's action rejected; amended defence filed 2 October 2013 struck out pursuant to rule 14.28 of the Uniform Civil Procedure Rules as having a tendency to cause prejudice, embarrassment or delay in the proceedings; prayer two in the plaintiff's notice of motion filed 30 October 2013 stood over for further determination in light of any further amended defence filed by the defendant; defendant ordered to pay the plaintiff's costs of the hearing today, such costs to be assessed on an indemnity basis but not to be assessed and payable forthwith; defendant referred to the Registrar for referral to a barrister or solicitor on the pro bono panel for legal assistance in the settling of any further amended defence. Catchwords: DEFAMATION - concurrent criminal proceedings commenced against plaintiff by defendant as private informant - whether plaintiff's action in defamation should be stayed pending determination of the criminal proceedings - form of defence drafted by defendant without legal assistance - whether liable to be struck out - appropriateness of referral for pro bono assistance to settle defence. Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Dank v Cronulla-Sutherland District Rugby League Football Club (No 2) [2013] NSWSC 1531 Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1 Sporting Shooters Association v Judge [2013] NSWSC 1783 Wolf v State of New South Wales [2013] NSWSC 1800 Category: Interlocutory applications Parties: Richard David Graham (plaintiff) Allan William Powell (defendant) Representation: Counsel: M Richardson (plaintiff) Defendant self-represented Solicitors: Thomsons Lawyers (plaintiff) File Number(s): 2013/182130 Publication restriction: None