Boros v Swann [2014] NSWDC 227

District Court New South Wales

Medium Neutral Citation: Boros v Swann [2014] NSWDC 227 Hearing dates: 23 October 2014 Decision date: 23 October 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) On the application of the plaintiff, who acknowledges any further action is out of time, these proceedings are discontinued. (2) The plaintiff is to pay the costs of the defendant of these proceedings. Catchwords: COSTS - Plaintiff brings proceedings for an oral statement which was "false and made maliciously" and "published further", and seeking declaratory relief - defendant brings an application to strike out the statement of claim, asserting failure to identify a cause of action, challenging jurisdiction for the relief sought, raising limitation and pleadings issues and seeking a transfer to the Sydney Defamation List - defendant's application for a transfer and a hearing of his challenges to the pleading refused - defendant ordered to file defence - defendant brings fresh application for transfer from the Parramatta registry which is granted - plaintiff seeks leave to discontinue but argues that he was successful in the proceedings until they were transferred to the Sydney registry- whether the usual consequences of discontinuance (UCPR rr 42.9 and 42.20) should be varied - plaintiff ordered to pay defendant's costs of the discontinued proceedings Legislation Cited: Limitation Act 1969 (NSW), s 14B Uniform Civil Procedure Rules 2005 (NSW), rr 14.30, 42.9 and 42.20 Cases Cited: Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 Foukkare v Angreb Pty Ltd [2006] NSWCA 335 Packer v Meagher [1984] 3 NSWLR 486 Palmer v Gold Coast Newspapers Pty Ltd [2013] QSC 352 Ralph Lauren 57 Pty Ltd v Byron Shire Council [2014] NSWCA 107 Re Minister for Immigration and Ethnic Affairs: Ex parte Lai Qin (1997) 186 CLR 622 Walter v Buckeridge [2013] WASC 313 Texts Cited: District Court Civil Practice Note 6 Category: Principal judgment Parties: Plaintiff: Attila Boros Defendant: Christopher Swann Representation: Plaintiff: In person Defendant: Mr M Richardson Plaintiff: In person Defendant: Clayton Utz File Number(s): 2014/1451874 Publication restriction: None