Otto v Nine Network Australia Pty Ltd [2016] NSWDC 308

District Court New South Wales

Medium Neutral Citation: Otto v Nine Network Australia Pty Ltd [2016] NSWDC 308 Hearing dates: 17 November 2016 Date of orders: 17 November 2016 Decision date: 17 November 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Upon the undertaking of the solicitor for the plaintiff to file the Notice of Motion dated 11 November 2016 in the registry in 7 days, grant leave to the plaintiff to move upon the notice of motion for leave to continue the proceedings commenced by statement of claim filed on 22 July 2016. (2) Notice of motion granted. (3) Plaintiff pay defendant's costs of 20 October 2016 and of 17 November 2016. Catchwords: TORT – defamation – plaintiff commences but discontinues proceedings against the defendant in the Supreme Court of Queensland – plaintiff commences fresh proceedings for the same publication by the same defendant in the District Court of New South Wales – application by plaintiff under s 23 Defamation Act 2005 (NSW) for leave nunc pro tunc to continue the proceedings commenced in the District Court – turns on own facts – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 Defamation Act 2005 (NSW), s 23 Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Campbell v Regional Publishers Pty Ltd (Supreme Court of NSW, 30 October 1998) Carey v Australian Broadcasting Corporation (2010) 77 NSWLR 136 Carey v Australian Broadcasting Corporation (2012) 200 ALR 348 Ghosh v Miller [2016] NSWSC 1574 Sullivan v Griffin [2012] NSWSC 687 Category: Procedural and other rulings Parties: Plaintiff: David Otto Defendant: Nine Network Australia Pty Ltd (ACN 008 685 407) Representation: Counsel: Plaintiff: Mr I Kirgiz Defendant: Ms L Barnett