Mohareb v Palmer [2015] NSWDC 134

District Court New South Wales

Medium Neutral Citation: Mohareb v Palmer [2015] NSWDC 134 Hearing dates: 5 March 2015 Date of orders: 05 March 2015 Decision date: 05 March 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: See section under Orders after [47] Catchwords: TORT - defamation - three successive statements of claim drafted by litigant in person fail to set out a properly pleaded and particularised case in defamation - defendants' application under UCPR r 12.2 for summary dismissal - whether additional claims for assault should also be dismissed on the basis of the trivial nature of any injury - need for caution in summary dismissal application where the party in default is a litigant in person, the issues of law are complex, there are no actual failures to comply with timetables and the claim is not unmeritorious on its face - application for summary dismissal refused - challenge to form and capacity of imputations - challenges to pleading of liability for publication, identification and particulars of downloading - substantial repleading of claim necessary - costs of the amendment and argument to be paid by the plaintiff on the ordinary basis but to be assessed forthwith Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 12.2 Cases Cited: Bishop v New South Wales [2000] NSWSC 1042 Byrne v Deane [1937] 1 KB 818 Coren v Master Builders Association of New South Wales Pty Ltd [2014] NSWCA 244 Cranbrook School v Stanley [2002] NSWCA 290 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Dow Jones & Co Inc v Gutnick (2002) 210 CLR 575 Facer v Wolfe (2013) 17 DCLR (NSW) 391 Frawley v State of New South Wales [2006] NSWSC 248 Jenman v McIntyre [2013] NSWSC 1100 Category: Procedural and other rulings Parties: Plaintiff: Nader Mohareb First Defendant: Matt Palmer Second Defendant: Annette Palmer Representation: Counsel: Plaintiff: In person Defendant: Mr M Lewis