NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Wayne v The Owners Corporation SP64622 (No. 2) [2014] NSWDC 245 Hearing dates: 18 December 2014 Decision date: 18 December 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff's notice of motion filed on 20 November 2014 is dismissed. (2) Plaintiff is to pay the defendants' costs. (3) Stand over to Thursday 19 February 2015 at 2:00pm the sixth defendant's application for summary dismissal. (4) Vary order 10 of Gibson DCJ's orders of 30 October 2014 to read: "The plaintiff is to pay the costs of the third to sixth defendants of this application, including the costs of 2 May 2014, 20 June 2014, 29 August 2014, 10 October 2014 and today (30 October 2014), assessable and payable forthwith and on an indemnity basis." Catchwords: TORT - defamation - application for interrogatories as to publication - whether application a fishing expedition, oppressive or futile - application refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 22.1 Cases Cited: Ahmed v John Fairfax Publications Pty Ltd [2006] NSWSC 11 Atkinson v Fosbroke (1866) LR 1 QB 628 Dank v Cronulla-Sutherland District Rugby League Football Club [2013] NSWSC 1101 Kaiser v George Laurens (NSW) Pty Ltd [1982] 1 NSWLR 294 Mbuzi v Griffith University [2014] FCA 1323 Mbuzi v Hall [2010] QSC 359 Russell v Stubbs Ltd [1913] 2 KB 200 Wayne v The Owners Corporation SP64622 [2014] NSWDC 217 Texts Cited: - Category: Interlocutory applications Parties: Plaintiff: David Wayne Third Defendant: Francis Management Building Services Pty Ltd (ACN 107 531 055) Fourth Defendant: David Stanger Fifth Defendant: Phillip Warren Metcalf Sixth Defendant: Shaun Singh Representation: Plaintiff: In person Third, Fourth and Fifth Defendants: Mr M Richardson Sixth Defendant: Mr M Robertson (solicitor) Plaintiff: In person Third, Fourth and Fifth Defendants: Lee & Lyons Sixth Defendant: Colin Biggers & Paisley File Number(s): 2014/57777 Publication restriction: None
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