Gomez v Olsen [2014] NSWDC 220

District Court New South Wales

Medium Neutral Citation: Gomez v Olsen [2014] NSWDC 220 Hearing dates: 8 August 2014 Decision date: 08 August 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendant called threes time outside Court 13D at 2:05pm, no appearance. (2) Notice of Motion for default judgment dismissed with no order as to costs. (3) Pursuant to r 1.12 Uniform Civil Procedure Rules 2005 (NSW), extend time for service upon the defendant of the statement of claim, which document must attach the matter complained of (Exhibit D) in this application. Such document to be personally served on the defendant by 5 September 2014. (4) Matter stood over to the Defamation List on Friday 12 September 2014 for further orders, including a referral to mediation. (5) A copy of these orders is to be sent to [defendant's email address] and [defendant's home address]. Catchwords: TORT - defamation - plaintiff's Notice of Motion for default judgment in defamation proceedings set down for hearing despite defence being filed - application for entry of judgment and for the proceedings to be listed for assessment of damages dismissed - whether default judgment available in defamation proceedings - case management issues arising from applications for default or summary judgment where the defendant is an unrepresented litigant Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 1.12 Cases Cited: Altarama Ltd v Forsyth [1981] 1 NSWLR 188 Cumberland v Clark (1996) 39 NSWLR 514 French v Triple M Melbourne Pty Ltd [2006] VSC 36 Graham v Powell (No 3) [2014] NSWSC 1 Hanrahan v Ainsworth (1985) 1 NSWLR 370 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: Dr Joseph Gomez Defendant: Graham Olsen Representation: Plaintiff: Mrs L Barnett Defendant: No appearance Plaintiff: Mahony Law Defendant: No appearance File Number(s): 2014/89529 Publication restriction: None