Templar v Britton [2014] NSWSC 187

Supreme Court New South Wales

Medium Neutral Citation: Templar v Britton [2014] NSWSC 187 Hearing dates: 5 March 2014 Decision date: 05 March 2014 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) Paragraphs 14 to 20 and the claim for the particulars of exemplary damages in paragraph 21 of the second further amended statement of claim be struck out. (2) Order the plaintiffs to file and serve a third further amended statement of claim consistent with order 1 and verified by them within 21 days. (3) Extend the time for compliance by the plaintiff with order 2 made by McCallum J on 4 December 2013 a further 21 days. (4) Order the plaintiffs to provide any further particulars including particulars of the calculation of damages specified under the heading "General Actual and Special Damages" in paragraph 21 of the Second Further Amended Statement of Claim, within 21 days hereof. (5) The plaintiffs pay the defendants' costs of the application determined today. (6) The plaintiffs file and serve within 14 days any affidavit material they wish to rely on in response to the application that those costs be payable forthwith. (7) The parties exchange outlines of submissions on the question of when those costs should be paid within 21 days, such submissions to be longer than two pages. (8) The parties have liberty to apply to fix a time for brief oral submissions on the question as to when those costs are payable. Catchwords: DEFAMATION - application to dismiss proceedings by reason of failure to comply with Court orders - no question of principle. Legislation Cited: - Civil Procedure Act 2005 (NSW), s 56, s 61(3) - Competition and Consumer Act 2010 (Cth) - Uniform Civil Procedure Rules 2005 (NSW), Part 12 r 7 Cases Cited: - Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 - Templar v Britton (Supreme Court (NSW) McCallum J, 5 August 2013, unnrep) - Templar v Britton [2013] NSWSC 1827 Category: Interlocutory applications Parties: Stephen Templar (First Plaintiff) Audametrics Pty Ltd (Second Plaintiff) Paul Britton (First Defendant) Bradley Laughlin (Second Defendant) State of New South Wales (Third Defendant) Representation: Counsel: R.K.M. Rasmussen (Plaintiffs) D.R. Sibtain (Defendants) Solicitors: City Attorneys (Plaintiffs) Hicksons Lawyers (Defendants) File Number(s): 2012/393936