Wayne v The Owners Corporation SP64622 (No. 3) [2015] NSWDC 195

District Court New South Wales

Medium Neutral Citation: Wayne v The Owners Corporation SP64622 (No. 3) [2015] NSWDC 195 Hearing dates: 19 March 2015 Date of orders: 19 March 2015 Decision date: 19 March 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Sixth defendant's notice of motion granted. (2) Strike out the plaintiff's claim against the sixth defendant. (3) Plaintiff to pay the sixth defendant's costs of the proceedings. (4) Liberty to restore in relation to costs. (5) The plaintiff is to file a Further Amended Statement of Claim in 14 days deleting any claim against the sixth defendant. (6) Stand the proceedings over for further directions to Thursday 16 April 2015 at 2:00pm. Catchwords: Tort – defamation – publication – inadequacy of pleading of publication as a publisher of the matter complained of – unclear whether matter complained of written, oral or an authorisation of statements by others – claim against sixth defendant dismissed Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 13.4(1) Cases Cited: Dank v Cronulla-Sutherland District Rugby League Football Club [2013] NSWSC 1101 Dank v Cronulla Sutherland District Rugby League Football Club [2014] NSWCA 288 Dank v Nine Network Australia Pty Ltd [2014] NSWSC 1938 Linnell v Channel Seven Sydney Pty Ltd [2014] NSWSC 20 R v Paine (1910) AC 4 Wayne v Owners Corporation SP64622 (No 2) [2014] NSWDC 245 Webb v Bloch (1928) 41 CLR 331 Category: Procedural and other rulings 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: Counsel: Plaintiff: In person Third, Fourth and Fifth Defendants: Mr M Richardson Sixth Defendant: Mr M Robertson (solicitor)