Dean v Vrettos [2014] NSWSC 186

Supreme Court New South Wales

Medium Neutral Citation: Dean v Vrettos [2014] NSWSC 186 Hearing dates: 3 March 2014 Decision date: 03 March 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: Notes The issues in dispute are: (1) Whether the matters complained of in the first amended statement of claim were published of and concerning the plaintiff? (2) The extent of the publication of the matters complained of? (3) Whether the matters complained of conveyed the imputations pleaded in the first amended statement of claim? (4) Whether any such imputations that were conveyed were defamatory? (5) The quantum of damages to be recovered by the plaintiff, if any (including whether they are aggravated)? Orders: (1) The filing of a defence that raises the issues noted by the Court be dispensed with. (2) Subject to further order, the matter proceed to hearing only in respect of the issues noted by the Court. (3) Pursuant to s 146(1) of the Civil Procedure Act 2005 (NSW), the proceedings be transferred to the District Court. Catchwords: DEFAMATION - default judgment - whether issues in plaintiff's case truly in dispute - dispensing with filing of defence - transfer of proceedings to District Court. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 56 - District Court Act 1973 (NSW), s 44 - Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: - Bodenstein v Hope Street Urban Compassion [2014] NSWSC 174 - Graham v Powell (No 2) [2013] NSWSC 2026 Category: Interlocutory applications Parties: Robert William Dean (Plaintiff) Peter Vrettos (Defendant) Representation: Counsel: In person (Plaintiff) In person (Defendant) Solicitors: In person (Plaintiff) In person (Defendant) File Number(s): 2013/134499