Ashworth aka Otto v Nine Network Australia Pty Ltd (ACN 008 685 407); Otto (aka Ashworth) v Gold Coast Publications Pty Limited; Otto v Dailymail.com Australia Pty Ltd [2018] NSWDC 13

District Court New South Wales

Medium Neutral Citation: Ashworth aka Otto v Nine Network Australia Pty Ltd (ACN 008 685 407); Otto (aka Ashworth) v Gold Coast Publications Pty Limited; Otto v Dailymail.com Australia Pty Ltd [2018] NSWDC 13 Hearing dates: 8 February 2018 Date of orders: 08 February 2018 Decision date: 12 February 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Pursuant to r 28.5 Uniform Civil Procedure Rules 2005 (NSW) and s 56 Civil Procedure Act 2005 (NSW), the trial of proceedings 2016/221796, 2016/338258 and 2016/338264 are to be heard at the same time (subject to any adjustment of this order by the trial judge, including any order that evidence in one be evidence in the others). (2) Order (1) is made on the basis that all three actions are conducted as non-jury trials. (3) The parties are to agree upon a range of dates suitable for hearing towards the end of 2018 for a 3 week+ non-jury trial and to provide these dates to Gibson DCJ, so that orders for a hearing date to suit the convenience of all the interstate parties and witnesses can be made by the List Judge on 22 February 2018. (4) The parties are to advise the court of any application for any of the witnesses to give evidence by AVL and any challenge to the giving of evidence by AVL is to be dealt with as a contested argument in the Defamation List. (5) Matter stood over to the Defamation List on Thursday 22 February 2018. (6) A timetable for interrogatories as follows: (a) The plaintiff to answer the defendants' interrogatories in 21 days; (b) Dailymail.com Australia Pty Ltd is to answer the plaintiff's interrogatories in 21 days; (c) Nine Network Australia Pty Ltd is to answer the plaintiff's interrogatories in 21 days; (d) Dailymail.com Australia Pty Ltd to administer interrogatories in 14 days, with the plaintiff to reply 21 days thereafter. (7) The parties are to consider an agreement for service of notice in relation to the tender of interrogatories in individual proceedings at the trial. (8) The plaintiff pay the defendants' costs of today in relation to the application for consolidation, but otherwise no order as to costs. Catchwords: PRACTICE AND PROCEDURE – application for three proceedings for damages for defamation to be consolidated – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 and 60 Uniform Civil Procedure Rules 2005 (NSW), r 28.5 Cases Cited: Al Rajhi Banking and Investment Corporation v Wall Street Journal Europe Sprl [2003] EWHC 1358 (QB) Boikov v Dailymail.com Australia Pty Ltd (2016) 23 DCLR (NSW) 112 Channel Seven Sydney Pty Ltd v Mahommed (2010) 278 ALR 232 Chase v Newsgroup Newspapers Ltd [2002] EWCA Civ 1772 Crosby v Kelly [2013] FCA 1343 Dank v Whittaker (No 4) [2014] NSWSC 732 Dank v Whittaker (No 5) [2014] NSWSC 914 Ghose v CX Reinsurane Co Ltd [2010] NSWSC 110 Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231 Hansen v Border Morning Mail Pty Ltd (Supreme Court of New South Wales, Hunt J, 6 July 1988) Hockey v Fairfax Media Publications Pty Ltd (2015) 237 FCR 33 Humphries v Newport Quays Stage 2A Pty Ltd [2009] FCA 699 King v Telegraph Group Ltd [2003] EWHC 1312 (QB) Maisel v Financial Times Pty Ltd [1915] 3 KB 336 Middendorp Electric Co Pty Ltd v Sonneveld [2001] VSC 312 Piscioneri v Whitaker [2017] ACTSC 174 Schellenberg v British Broadcasting Corporation [2000] EMLR 296 Toben v Mathieson; Toben v Nationwide News Pty Ltd [2013] NSWSC 1530 Category: Procedural and other rulings Parties: Plaintiff in proceedings 2016/221796: David Ashworth aka David Otto Defendant in proceedings 2016/221796: Nine Network Australia Pty Ltd (ACN 008 685 407)