Toben v Milne [2014] NSWCA 49

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Toben v Milne [2014] NSWCA 49 Hearing dates: 10 March 2014 Decision date: 10 March 2014 Before: Macfarlan JA at [1]; Emmett JA at [9] Decision: (1) Leave to appeal granted in respect of McCallum J's decision to strike imputation (a) out of the Statement of Claim. (2) Leave to appeal otherwise refused. (3) Costs to be costs in the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PRACTICE AND PROCEDURE - defamation proceedings - misleading and deceptive conduct claim sought to be added to statement of claim - leave to appeal refused except in relation to the striking out of one alleged imputation Legislation Cited: Australian Consumer Law (NSW), s 18 Cases Cited: In re the Will of F B Gilbert (1946) 46 SR (NSW) 318 Category: Procedural and other rulings Parties: Dr Fredrick Toben (Applicant) Senator Christine Milne (Respondent) Representation: Counsel: C A Evatt/R Rasmussen (Applicant) R Potter/L Maher (Respondent) Solicitors: Carters Law Firm (Applicant) FitzGerald and Browne Lawyers (Tasmania) (Respondent) File Number(s): CA 2013/334740 Decision under appeal Jurisdiction: 9111 Citation: Toben v Mathieson; Toben v Nationwide News Pty Limited [2013] NSWSC 1530 Date of Decision: 2013-10-18 00:00:00 Before: McCallum J File Number(s): SC 2013/200128; 2013/200157