Brooks v Fairfax Media Publications Pty Ltd; Brooks v TCN Channel Nine Pty Ltd [2016] NSWSC 604

Supreme Court New South Wales

Medium Neutral Citation: Brooks v Fairfax Media Publications Pty Ltd; Brooks v TCN Channel Nine Pty Ltd [2016] NSWSC 604 Hearing dates: 6 May 2016 Date of orders: 10 May 2016 Decision date: 10 May 2016 Jurisdiction: Common Law Before: McCallum J Decision: Application by defendant in Fairfax proceedings to have proceedings heard together with Channel Nine proceedings refused; Fairfax to pay the plaintiffs' costs of the application; Fairfax to pay Channel Nine's costs of the application. Catchwords: PRACTICE AND PROCEDURE – application to have related defamation proceedings heard together – where proceedings involve differently drafted imputations but common questions of fact – delay – where each proceeding already listed for hearing on different dates – prejudice to plaintiffs in losing junior counsel long briefed in the matter – prejudice to defendant in related proceedings in losing usual right of an independent approach Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Neil Brooks (First Plaintiff) Elle Brooks (Second Plaintiff) Fairfax Media Publications Pty Ltd (Defendant in 2014/376115 proceedings) TCN Channel Nine Pty Ltd (Defendant in 2013/66299 proceedings) Representation: Counsel: K Smark SC, S Chrysanthou (Plaintiffs) ATS Dawson (Defendant in Fairfax Media Publications Pty Ltd proceedings) M Richardson (Defendant in TCN Channel Nine Pty Ltd proceedings)

Solicitors: Kalantzis Lawyers (Plaintiffs) Banki Haddock Fiora (Defendant in Fairfax Media Publications Pty Ltd proceedings) Johnson, Winter & Slattery (Defendant in TCN Channel Nine Pty Ltd proceedings)) File Number(s): 20143/761152013/66299 Publication restriction: None