Mahmoud v Australian Broadcasting Corporation [2017] NSWSC 85

Supreme Court New South Wales

Medium Neutral Citation: Mahmoud v Australian Broadcasting Corporation [2017] NSWSC 85 Hearing dates: 3 February 2017 Decision date: 03 February 2017 Jurisdiction: Common Law Before: McCallum J Decision: Plaintiff's motion filed 31 January 2017 dismissed; plaintiff to pay the costs of those defendants present and represented today of that motion; statement of claim filed 24 July 2015 struck out with leave to re-plead; proceedings as against Fairfax Media Publications Pty Ltd (named in the statement of claim as the Sydney Morning Herald of New South Wales Australia) dismissed; plaintiff ordered to pay that party's costs of the proceedings; leave granted to the plaintiff to file an amended statement of claim within 28 days after the publication of the reserved decision of the Court of Appeal in proceedings 2015/292179 Catchwords: DEFAMATION – application for interlocutory injunction – significance of the value of free speech – requirement to establish a viable claim for more than nominal damages – where matter complained of inaccurately described plaintiff as a person against whom orders had been made under the Vexatious Proceedings Act – orders subsequently made against the plaintiff under that Act – basis for interlocutory relief not established Legislation Cited: Uniform Civil Procedure Rules 2005 Vexatious Proceedings Act 2008 (NSW) Cases Cited: Attorney-General in and for the State of New South Wales v Mahmoud [2014] NSWSC 970 Attorney-General for the State of New South Wales v Mahmoud [2015] NSWSC 899 Australian Broadcasting Corporation v O'Neill [2006] HCA 46 Category: Procedural and other rulings Parties: Tosson Hussein Mahmoud (plaintiff) Australian Broadcasting Corporation (first defendant) Fairfax Media Publications Pty Ltd (third defendant) Yahoo!7 Pty Ltd (eighth defendant) Claire Aird (second respondent to notice of motion) Representation: Counsel: Plaintiff self-represented L Barnett (first defendant and second respondent to notice of motion)