Munsie v Dowling (No. 7) [2015] NSWSC 1832

Supreme Court New South Wales

Medium Neutral Citation: Munsie v Dowling (No. 7) [2015] NSWSC 1832 Hearing dates: 30 November 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction: Common Law Before: Davies J Decision: 1. The Defences filed by the Defendant on 31 March 2015 and 24 July 2015 are struck out. 2. Leave is refused to the Defendant to re-plead. 3. Direct the parties to approach the Listing Manager for a final hearing on the basis of a two day hearing. 4. The Defendant should pay the Plaintiffs' costs of the Motion. Catchwords: DEFAMATION – pleading – application to strike out defence – unrepresented defendant - second application to strike out– failure of defendant to comply with rules relating to pleading defences to defamation proceedings – inclusion of evidence in defence – reliance on reasons for judgment contrary to s 91 Evidence Act – whether defendant should be permitted to re-plead – failure to comply with earlier judgment on strike-out application – making of scandalous and irrelevant allegations – defendant refuse leave to re-plead Legislation Cited: Defamation Act 2005 (NSW) Evidence Act 1995 (NSW) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Dennis v Australian Broadcasting Corporation [2008] NSWCA 37 Ebner v Official Trustee [2000] HCA 63; (2000) 205 CLR 337 Fairfax Media Publications Pty Ltd v Kermode [2011] NSWCA 174; (2011) 81 NSWLR 157 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 Munsie v Dowling [2014] NSWSC 458 Munsie v Dowling [2014] NSWSC 598 Munsie v Dowling [2014] NSWSC 1508 Munsie v Dowling (No. 4) [2015] NSWSC 37 Munsie v Dowling (No. 5) [2015] NSWSC 789 Munsie v Dowling (No 6) [2015] NSWSC 808 Seven Network Ltd v News Ltd [2009] FCAFC 166; (2009) 182 FCR 160 Webb v R (1994) 181 CLR 41 Category: Procedural and other rulings Parties: Justine Munsie (First Plaintiff) Kerry Stokes (Second Plaintiff) Ryan Stokes (Third Plaintiff) Shane Dowling (Defendant) Representation: Counsel: A Dawson (Plaintiffs) In person (Defendant)