Mallegowda v Sood (No. 4) [2016] NSWDC 88

District Court New South Wales

Medium Neutral Citation: Mallegowda v Sood (No. 4) [2016] NSWDC 88 Hearing dates: 02 May 2016 Date of orders: 02 May 2016 Decision date: 02 May 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Defendants' Notices of Motion returnable 6 May 2016 dismissed. (2) Costs reserved. Catchwords: TORT – defamation – parties all litigants in person – defendants bring applications for joinder of another party, security for costs, medical evidence concerning the plaintiff, contempt of court and access to documents produced in other proceedings – trial commencement date of 2 May 2016 fixed a year beforehand – failure to seek case management in the Defamation List during that 12-month period - inadequacy of explanations for delay - applications of a similar nature previously refused – notices of motion dismissed with costs reserved in the trial Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 Evidence Act 1995 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aon Risk Services Australia Ltd v ANU [2009] HCA 27; 239 CLR 175 Bell Group Ltd (in liq) v Westpac Banking Corporation (1998) 166 ALR 699 Bidner v Queensland [2000] QCA 343 Hearne v Street [2008] HCA 36 Mallegowda v Sood [2013] NSWDC 98 Mallegowda v Sood (No 2) [2014] NSWDC 216 Mallegowda v Sood (No 3) [2015] NSWDC 14 P and W v Manny [2010] ACTSC 50 Texts Cited: District Court Civil Practice Note 6 Category: Procedural and other rulings Parties: Plaintiff: Shashikanth Mallegowda First Defendant: Amit Sood Second Defendant: Naveen Lingaiah Representation: Plaintiff: In person Defendants: In person File Number(s): 12/352080 Publication restriction: None