Chehade v Mihailuk [2015] NSWDC 74

District Court New South Wales

Medium Neutral Citation: Chehade v Mihailuk [2015] NSWDC 74 Hearing dates: 26, 27, 28 August, 16 October 2014; 19 February, 2 March, 16, 17 April, 15 May 2015 (Excluding interim mention dates) Date of orders: 26 May 2015 Decision date: 26 May 2015 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1. Verdict and judgment for the defendant;

2. The plaintiff is to pay the defendant's costs on the ordinary basis unless otherwise ordered;

3. The exhibits may be returned;

4. Liberty to apply on 7 days notice if further or other orders are required. Catchwords: TORTS – defamation – question of fact as to whether the defamatory statements were made by the defendant as claimed by plaintiff; PRACTICE AND PROCEDURE – application by defendant for leave to re-open case to call further evidence after judgment was reserved – further evidence obtained after judgment reserved – evidence not previously available to defendant – after the trial a witness called by plaintiff admitted to giving perjured evidence at trial; DAMAGES – assessment of claims for general and aggravated damages Legislation Cited: Civil Procedure Act 2005, s 146(1) Defamation Act 2005, s Evidence Act 1995, s 30, s 128(7) Surveillance Devices Act 2007, s 7 Cases Cited: Chehade v Mihailuk [2014] NSWSC 228 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Smith v NSWBA [1992] HCA 35; (1992) 176 CLR 256 Category: Principal judgment Parties: Rabie Chehade (Plaintiff) Tania Mihailuk (Defendant) Representation: Counsel: Mr T Molomby SC with Mr R Rasmussen (Plaintiff) Mr P Lange (Defendant – 26, 27 & 28 August 2014) Mr S Stanton (Defendant – 19 February, 2 March, 16, 17 April & 15 May 2015)