Graham v Powell (No 3) [2014] NSWSC 185

Supreme Court New South Wales

Medium Neutral Citation: Graham v Powell (No 3) [2014] NSWSC 185 Hearing dates: 3 March 2014 Decision date: 03 March 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Pursuant to Uniform Civil Procedure Rules 2005 r 16.7, there be judgment for the plaintiff against the defendant for damages, to be assessed on the basis that the imputations as pleaded have been established, save for the substitution of the figure "$60,000" for the figure "$56,000" in paragraph 14(a) of the statement of claim. (2) The plaintiff have liberty to approach the manager of listing services to obtain a hearing date in respect of the assessment of damages and the balance of the relief sought, with an estimate of half a day. (3) Stand over order 3 of the notice of motion dated 30 October 2013 to the date listed for the determination of what relief, if any, should be granted to the plaintiff. (4) The plaintiff have liberty to apply on three days' notice. Catchwords: DEFAMATION - default judgment - approach - imputations. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 16.7 Cases Cited: - Graham v Powell [2013] NSWSC 1266 - Graham v Powell (No 2) [2013] NSWSC 2026 Category: Interlocutory applications Parties: Richard David Graham (Plaintiff) Allan Powell (Defendant) Palerang Council (Interested Party) Representation: Counsel: M. Richardson (Plaintiff) No appearance (Defendant) Solicitors: Thomsons Lawyers (Plaintiff) Bradley Allen Love Lawyers (Interested Party) File Number(s): 2013/182130