YZ v Amazon (No 5) [2015] NSWSC 1539

Supreme Court New South Wales

Medium Neutral Citation: YZ v Amazon (No 5) [2015] NSWSC 1539 Hearing dates: 9 October 2015 Date of orders: 09 October 2015 Decision date: 09 October 2015 Jurisdiction: Common Law Before: McCallum J Decision: Ruling that the amended statement of claim filed 6 October 2015 was filed in accordance with the court's previous self-executing order of 21 September 2015 and accordingly that the proceedings have not been automatically dismissed. Catchwords: DEFAMATION – pleadings – where previous order allowed amendment "in accordance with" judgment – where failure to comply with such requirement would trigger a self-executing order to dismiss the proceedings – whether amended statement of claim complies with previous order Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: YZ v Amazon (No 3) [2015] NSWSC 1130 Category: Procedural and other rulings Parties: YZ (Plaintiff) Amazon (1st defendant) Smashwords Inc (2nd defendant) OP (3rd defendant) QRS (4th defendant) WX (6th defendant) Representation: Counsel: Plaintiff self-represented No appearance for 2nd defendant R Potter (1st, 3rd , 4th and 6th defendants)

Solicitors: Plaintiff self-represented HWL Ebsworth Lawyers (1st defendant) Dwyer Bruce Legal (3rd, 4th and 5th defendants) File Number(s): 2013/178073 Publication restriction: Note: Some of the parties in these proceedings are the subject of pseudonym orders.