Alex v Fairfax Media Publications Pty Ltd; Alex v Whittaker; Alex v Goodsir; Alex v Fairfax Media Publications Pty Ltd; Alex v The Age Company Ltd; Alex v Australian Broadcasting Corporation [2016] NSWDC 96

District Court New South Wales

Medium Neutral Citation: Alex v Fairfax Media Publications Pty Ltd; Alex v Whittaker; Alex v Goodsir; Alex v Fairfax Media Publications Pty Ltd; Alex v The Age Company Ltd; Alex v Australian Broadcasting Corporation [2016] NSWDC 96 Hearing dates: 2 June 2016 Date of orders: 02 June 2016 Decision date: 02 June 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to r 28.5 Uniform Civil Procedure Rules 2005 (NSW), each of the proceedings set out below be tried at the same time in a jury trial commencing on 6 March 2017 (estimate 6-8 weeks): (a) Alex v Fairfax Media Publications Pty Ltd (2014/47901); (b) Alex v Whittaker (2014/47902); (c) Alex v Goodsir (2014/73486); (d) Alex v Fairfax Media Publications Pty Ltd (2015/245052); (e) Alex v The Age Company Ltd (2015/245071); (f) Alex v Australian Broadcasting Corporation (2015/283676). (2) Vacate the hearing date of 19 September 2016 for the following matters: (a) Alex v Fairfax Media Publications Pty Ltd (2014/47901); (b) Alex v Whittaker (2014/47902); (c) Alex v Goodsir (2014/73486). (3) Costs to be costs in the cause. (4) Matters stood over for further directions on Thursday 25 August 2016 at 9:00am with liberty to vacate of change this date, if so required. Catchwords: PRACTICE AND PROCEDURE – application for six trials to be heard together – plaintiff brought five defamation actions which were listed for two separate jury trials in 2016 and 2017, with leave to apply to have them heard together – sixth defamation action later brought by plaintiff and added to 2017 trials in 2016 while interlocutory steps still outstanding – delays by plaintiff in trial preparation in sixth trial – plaintiff a bankrupt since 2011 – difficulties for all defendants in obtaining documents under subpoena from plaintiff's Trustee in Bankruptcy and the liquidators of his companies – whether two trials or a single trial preferable – parties opposed to bringing the 2017 trials forward – whether 2016 trials should be postponed to be heard together with the 2017 trials – defendants claim no extra length to 2017 trials if 2016 trials added – no prejudice to plaintiff from deferral of 2016 trials – "just, quick and cheap" – hearing date for 2016 trials vacated, with these hearings added to the trials already listed for hearing in 2017 Legislation Cited: Bankruptcy Act 1966 (Cth), s 60(4) Civil Procedure Act 2005 (NSW), s 56 Uniform Civil Procedure Rules 2005 (NSW), r 28.5 Cases Cited: Associated Dominion Assurance Society Pty Ltd v John Fairfax & Sons Ltd (1955) 72 WN. (NSW) 250 Baltinos v Johnson (Supreme Court of NSW, Levine J, 16 December 1994) Buswell v Carles [2012] WASC 509 Dank v Whittaker (No 4) [2014] NSWSC 732 Dank v Whittaker (No 5) [2014] NSWSC 914 Deputy Commissioner of Taxation v Alex [2011] FMCA 290 Fairfax Media Publications Pty Ltd v Cummings; Fairfax Digital Australia & New Zealand Pty Ltd v Cummings [2013] ACTCA 37 Ghose v CX Reinsurance Company Ltd [2010] NSWSC 110 Ghosh v NineMSN Pty Ltd [2015] NSWCA 334 Hockey v Fairfax Media Publications Pty Limited [2015] FCA 652 Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699 Moss v Eaglestone [2011] NSWCA 404; 83 NSWLR 476 Scott v Nationwide News Pty Ltd [2005] NSWSC 169 Toben v Mathieson; Toben v Nationwide News Pty Ltd [2013] NSWSC 1530 Toben v Nationwide News Pty Ltd [2015] NSWSC 1784 W. A. Pines Pty Ltd v Bannerman (1980) ATPR 40-163 Category: Procedural and other rulings Parties: Proceedings 2014/47901: Plaintiff: George Alex Defendant: Fairfax Media Publications Pty Ltd