Sydney Securities v iGuard Australia Pty Ltd (No 4) [2017] NSWSC 1657

Supreme Court New South Wales

Medium Neutral Citation: Sydney Securities v iGuard Australia Pty Ltd (No 4) [2017] NSWSC 1657 Hearing dates: 8 September 2017 Decision date: 08 September 2017 Jurisdiction: Common Law Before: McCallum J Decision: Proceedings referred for mediation; plaintiff ordered to pay the defendants' costs thrown away by reason of the filing and serving of the amended statement of claim filed 30 June 2017 and the further amended statement of claim filed 6 September 2017; each party to bear its or his own costs of today's listing Catchwords: INJURIOUS FALSEHOOD – publication – where plaintiff suing on an email reported to him but able to be located – whether that part of claim should be summarily dismissed – availability of further interlocutory steps Legislation Cited: Civil Procedure Act 2005 (NSW), s 26 Defamation Act 2005 (NSW), s 40 Uniform Civil Procedure Rules 2005 (NSW), r 19.5 Cases Cited: Bateman v Fairfax Media Publications Pty Ltd (No 5) [2015] NSWSC 830 Ferrier v McRae (No 2) [2015] NSWSC 1537 Luna v Porter [2016] NSWSC 1727 Palace Films Pty Ltd v Fairfax Media Publications Pty Ltd [2010] NSWSC 962 Sydney Security Services v iGuard Australia Pty Ltd (No 3) [2017] NSWSC 633 Category: Procedural and other rulings Parties: Sydney Security Services Pty Ltd (plaintiff) iGuard Australia Pty Ltd (first defendant) Christopher James Clifford (second defendant) Representation: Counsel: M Hamdan (plaintiff) A Rao (defendants)