Alawadi v Widad Kamel Farhan trading as The Australian Arabic Panorama Newspaper (No. 3) [2016] NSWDC 204

District Court New South Wales

Medium Neutral Citation: Alawadi v Widad Kamel Farhan trading as The Australian Arabic Panorama Newspaper (No. 3) [2016] NSWDC 204 Hearing dates: 25 August 2016 Date of orders: 06 September 2016 Decision date: 06 September 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiff pay the defendant the sum of $9,318.48 by way of gross sum costs order in relation to the costs of the seven claims for defamation struck out or abandoned in these proceedings. (2) Pursuant to s 67 Civil Procedure Act 2005 (NSW) these proceedings stayed until payment of the said sum. (3) These proceedings placed in the Inactive List with a callover date of 8 December 2016, with liberty to restore on seven days' notice in the event that either party seeks further orders. Catchwords: COSTS – Plaintiff brings eight actions for defamation – six claims struck out and one claim abandoned – defendant seeks gross sum costs order in relation to the seven claims no longer the subject of proceedings – whether the issues in question are appropriate for determination on a gross sum basis – whether the court can be satisfied, from the material available, that it can arrive at an appropriate sum on the materials available – gross sum costs order made STAY OF PROCEEDINGS – whether the proceedings should be stayed pending the payment of the costs in the gross sum costs order – proceedings stayed pending payment INTEREST ON COSTS – discussion of changes to s 101 Civil Procedure Act 2005 (NSW) in relation to proceedings commenced after 24 November 2005 by reason of the Courts and Other Justice Portfolio Legislation Amendment Act 2015 (NSW) Legislation Cited: Civil Procedure Act 2005 (NSW), ss 67, 98, 101 and Sch 6 Courts and Other Justice Portfolio Legislation Amendment Act 2015 (NSW) Uniform Civil Procedure Rules 2005 (NSW), r 12.10 Cases Cited: Alawadi v Widad Kamel Farhan trading as The Australian Arabic Panorama Newspaper [2015] NSWDC 279 Alawadi v Widad Kamel Farhan trading as The Australian Arabic Panorama Newspaper (No. 2) [2016] NSWDC 37 Byrnes v John Fairfax Publications Pty Ltd [2006] NSWSC 251 ChongHerr Investments Ltd v Titan Sandstone Pty Ltd [2007] QCA 278 Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54 Ghosh v Miller (No 2) [2016] NSWSC 713 Hamod v State of New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738 Re Bar-Mordecai - Application - Ms Daych (No 3) [2014] NSWSC 1083 Stratton v Bowles (No 2) [2015] FCA 43 Texts Cited: - Category: Procedural and other rulings Parties: Plaintiff: Alaa Alawadi Defendant: Widad Kamel Farhan trading as The Australian Arabic Panorama Newspaper Representation: Counsel: Plaintiff: Mr M K Rollinson Defendant: Ms C Amato