Sporting Shooters Association of Australia v Judge [2015] NSWDC 201

District Court New South Wales

Medium Neutral Citation: Sporting Shooters Association of Australia v Judge [2015] NSWDC 201 Hearing dates: 03 September 2015 Date of orders: 03 September 2015 Decision date: 03 September 2015 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) An order correcting details of the first plaintiff on JusticeLink from "Sporting Shooters Association of Australia (NSW) INC" to "Sporting Shooters Association of Australia (New South Wales) Inc". (2) An order correcting details of the second plaintiff on JusticeLink from "Sporting Shooters Association of Australia Coffs Harbour Branch Inc" to "Sporting Shooters Association of Australia (New South Wales) Armidale Branch Inc". (3) An order correcting details of the third plaintiff on JusticeLink from "Sporting Shooters Association of Australia (New South Wales)" to "Sporting Shooters Association of Australia (New South Wales) Coffs Harbour Branch Inc". (4) An order correcting details of the defendant on JusticeLink from "Keith Judge" to "Keith Edward Judge". (5) Plaintiffs' witness statements by 25 September 2015. (6) Pursuant to s 26 Civil Procedure Act 2005 (NSW), the parties are directed to attend before an Assistant Registrar of this court for mediation on 30 September 2015. (7) Defendant's witness statements by 23 October 2015. (8) Plaintiffs' witness statements in reply (if any) 14 days after service of the defendant's statements. (9) Note the defendant reserves his rights to an imputation argument at the trial. (10) Otherwise confirm the hearing date of 9 November 2015 (estimate 5 days). Catchwords: TORT – defamation – proceedings listed for hearing – application for evidence at the trial to be given by way of statement – whether application is brought too late – whether statements disproportionate to the subject matter and to damages Legislation Cited: Civil Procedure Act 2005 (NSW), ss 26, 56 and 61 Uniform Civil Procedural Rules 2005 (NSW), r 28.2 Cases Cited: Anderson v Mirror Newspapers Ltd (No 2) (1986) 5 NSWLR 735 Ives v State of Western Australia (No 7) [2013] WASC 62 Marsden v Amalgamated Television Services Pty Ltd [1999] NSWSC 28 Nationwide News Pty Ltd v Hibbert [2015] NSWCA 13 NRMA Insurance Ltd v Flanagan [1982] 1 NSWLR 585 PW v MS (No 3) [2014] WASC 202 Sporting Shooters Association v Judge [2013] NSWSC 1783 Sporting Shooters Association of Australia v Judge (No 2) [2013] NSWSC 1821 TCN Channel 9 Pty Ltd v Mahony (1993) 32 NSWLR 397 Williams v Harbour Radio Pty Ltd [2014] NSWSC 1242 Category: Procedural and other rulings Parties: First Plaintiff: Sporting Shooters Association of Australia (New South Wales) Inc Second Plaintiff: Sporting Shooters Association of Australia (New South Wales) Armidale Branch Inc Third Plaintiff: Sporting Shooters Association of Australia (New South Wales) Coffs Harbour Branch Inc Defendant: Keith Edward Judge Representation: Counsel: Plaintiffs: Mr J Knackdstredt Defendant: Mr V Kalantzis (solicitor)