Time for Monkeys Enterprises Pty Ltd v Southern Cross Austereo Pty Ltd [2015] NSWDC 13

District Court New South Wales

Medium Neutral Citation: Time for Monkeys Enterprises Pty Ltd v Southern Cross Austereo Pty Ltd [2015] NSWDC 13 Hearing dates: 19 February 2015 Decision date: 19 February 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff called three times at 2:10pm – no appearance. (2) Plaintiff called a second time three times at 2:35pm – no appearance. (3) Grant leave to the defendant to file in court the Affidavit of Natalie Buck affirmed on 16 February 2015 and the Affidavit of Natalie Buck affirmed on 19 February 2015. (4) Pursuant to r 13.4 Uniform Civil Procedure Rules 2005 (NSW), the proceedings are dismissed. (5) The plaintiff is to pay the defendants' costs of the proceedings. (6) Pursuant to s 98 Civil Procedure Act 2005 (NSW), Mr Trent Malcolm Bourne, a director of the plaintiff, is jointly liable for the costs of the proceedings. Catchwords: TORT - defamation - corporation with ten employees commences proceedings in the Parramatta registry for defamation - defendants bring an application for summary judgment pursuant to s 9 Defamation Act 2005 (NSW) and by reason of the plaintiff's conduct of proceedings - plaintiff represented by director who fails to file authorisations required by UCPR r 7.2 - plaintiff's cheque for filing fee for statement of claim dishonoured - pleadings hopelessly drafted and fail to distil imputations - plaintiff brings application for default judgment but fails to serve defendants - plaintiff fails to appear on summary judgment application - proceedings summarily dismissed COSTS - application for costs order pursuant to s 98 Civil Procedure Act 2005 (NSW) against a director of the plaintiff - costs orders made against the plaintiff and its director Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Defamation Act 2005 (NSW), s 9 Defamation Act 1974 (NSW), s 8A Uniform Civil Procedure Rules 2005 (NSW), rr r 4.10, 7.2, 12.1, 13.4 and 14.30 Cases Cited: Altarama Ltd v Forsyth [1981] 1 NSWLR 188 Aristocrat Australia Pty Ltd v Commissioner of Patents (2009) 112 ALD 363 Attorney General of New South Wales v Homeland Community Ltd [2015] NSWCA 15 Boros v Swann [2014] NSWDC 227 Braganza v Minister for Immigration and Multicultural Affairs (2001) 109 FCR 364 Brierley v Reeves (2001) 51 NSWLR 689 Caltabiano v Electoral Commission of Queensland (No 2) [2009] QSC 138 Daniels v Deputy Commissioner of Taxation [2007] SASC 114 Druett v Minister for Immigration and Citizenship [2012] FMCA 568 FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 Ipex ITG Pty Ltd (ACN 007 433 623) (in liq) (receivers appointed) v Victoria [2014] VSCA 315 Jordan v Van Schoubroeck (2003) 34 SR (WA) 325 Khan v Minister for Immigration and Citizenship [2009] FCA 443 Kirk v Minister for Immigration and Multicultural Affairs (1998) 87 FCR 99 May v Christodoulou (2011) 80 NSWLR 462 Packer v Meagher [1984] 3 NSWLR 486 Thurston v Thurston [2011] FamCAFC 250 Texts Cited: District Court Civil Practice Note 6 Category: Principal judgment Parties: Plaintiff: Time for Monkeys Enterprises Pty Ltd First Defendant: Southern Cross Austereo Pty Ltd Second Defendant: Thomas Donald Operations Pty Ltd Representation: Counsel: Plaintiff: No appearance Defendants: Mrs L Barnett