Elliott v Tomkins [2014] NSWDC 55

District Court New South Wales

Medium Neutral Citation: Elliott v Tomkins [2014] NSWDC 55 Hearing dates: 28 February 2014 Decision date: 28 February 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Dismiss the application of the plaintiff to strike out the defence in these proceedings pursuant to r 14.28 Uniform Civil Procedure Rules 2005 (NSW) and have summary judgment entered. (2) Direct the plaintiff to file and serve an amended statement of claim in 14 days. (3) On or before 14 March 2014, the plaintiff provide to the defendant particulars of all facts, matters and circumstances upon which he relies in support of any claim that these proceedings should properly be heard and determined in this Court. (4) Defendant to file and serve a defence by Thursday 27 March 2014. (5) Matter stood over for further directions on Friday 28 March 2014 at 10:00am before Gibson DCJ to monitor compliance with these orders and to make appropriate costs orders. (6) Costs of today reserved. Catchwords: TORT - defamation proceedings for six publications on the Internet - defendant (a litigant in person) filed defences of justification which were deficient in form - application by plaintiff to strike out defence and for the proceedings to be listed for assessment of damages - cross-application by defendant for plaintiff to provide particulars of identification and publication - plaintiff not named in five of the publications, and the place of publication was identified only as worldwide - plaintiff's application for summary judgment refused - plaintiff ordered to provide particulars of identification and publication in amended pleading Legislation Cited: Defamation Act 2005 (NSW), s 25 Civil Procedure Act 2005 (NSW), s 56(1) Cases Cited: Burrows v Knightley (1987) 10 NSWLR 651 Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575 Jecks v Taylor (Supreme Court of Western Australia, 9 November 1992) Jenman v McIntyre [2013] NSWSC 1100 Lazarus v Deutsche Lufthansa AG (1985) 1 NSWLR 188 Lucas v John Fairfax Publications Pty Ltd [2000] NSWSC 950 Mann v Cahill (1999) 149 FLR 298 Northam v Favelle Favco Holdings Pty Ltd (Supreme Court of New South Wales, Bryson J, 7 March 1995) Setka v Abbott [2913] VSC 726 Sporting Shooters Association of Australia v Judge (No 2) [2013] NSWSC 1821 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: David Dean Elliott Defendant: Kevin Tomkins Representation: Plaintiff: Ms M Nguyen (solicitor) Defendant: Mr B Goldsmith (solicitor) Plaintiff: Navado Lawyers & Solicitors Defendant: Goldsmiths Lawyers File Number(s): 2013/252889 Publication restriction: None