Castafiore v Uniting Church in Australia Property Trust (NSW) [2018] NSWDC 83

District Court New South Wales

Medium Neutral Citation: Castafiore v Uniting Church in Australia Property Trust (NSW) [2018] NSWDC 83 Hearing dates: 5 April 2018 Date of orders: 05 April 2018 Decision date: 05 April 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) On the grounds that it is in the public interest because of the personal sensitivity of the subject matter and the potential for disclosure and publication of a child and young person's name or identity to cause either of them and their family members undue stress and embarrassment within the meaning of section 8(1)(a) (in relation to the administration of justice) and 8(1)(e) (in relation to the public interest) of the Court Suppression and Non-Publication Orders Act 2010 (NSW), it is ordered pursuant to that Act that: (a) The name of the plaintiff in these proceedings be known as the pseudonym "Bianca Castafiore". (b) The name of the second defendant in these proceedings be known as the pseudonym "Tristan Bior". (c) The names of the plaintiff's children to remain unpublished. (d) The name of the plaintiff's children's father to remain unpublished. (2) Dismiss the plaintiff's application to extend time for the following publications: (a) The student report dated 1 September 2016; (b) The first five publications identified as Annexures 1 to 5 to the affidavit of Deborah Lilley of 29 March 2018, namely: [redacted] (3) Strike out the plaintiff's Statement of Claim in its original (11 January 2018) and amended (22 March 2018) form, but grant leave to the plaintiff to commence proceedings for defamation in relation to the document headed "Narrative – Risk ReAssessment" dated 24 February 2017 and "Client NCFAS G+R" dated 20 June 2017. (4) Pursuant to r 7.36 Uniform Civil Procedure Rules 2005 (NSW), refer the plaintiff to the registrar for referral to a barrister on the Pro Bono Panel specialising in Defamation for legal assistance including the drafting of an Amended Statement of Claim to identify the causes of action and imputations pleaded and such other assistance as the barrister and/or the registrar may deem necessary. (5) The Amended Statement of Claim is to be filed 21 days after the pleading has been settled by counsel. (6) Note no submissions have been made in relation to costs. (7) Matter stood over to the Defamation List on Thursday 31 May 2018 for further directions. Catchwords: LIMITATION ACT ss 14B, 56A – application by plaintiff for extension of time to commence proceedings for defamation for six publications – meaning of "not reasonable" in the circumstances to bring proceedings within the limitation period – application dismissed – amendments to pleadings – no issue of principle Legislation Cited: Anti-Discrimination Act 1977 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW), s 245G Court Suppression and Non-Publication Orders Act 2010 (NSW) Limitation Act 1969 (NSW), ss 14B and 56A Privacy and Personal Information Protection Act 1998 (NSW) Uniform Civil Procedure Rules 2005 (NSW), rr 13.4 and 14.28 Cases Cited: Barrett v TCN Channel Nine Pty Ltd [2017] NSWCA 304 Carey v Australian Broadcasting Corporation (2012) 84 NSWLR 90 Cassar v Network Ten Pty Ltd [2012] NSWSC 680 Han v Australian Kung Fu (Wu Shu) Federation Inc [2011] VSC 498 Hunter v Hanson [2014] NSWCA 263 Jones v Amalgamated Television Services Pty Ltd (1991) 23 NSWLR 364 Kaiser v George Laurens (NSW) Pty Ltd [1982] 1 NSWLR 294 Leech v Green & Gold Energy Pty Ltd [2011] NSWSC 999 Moran v Schwartz (No 3) [2015] WASC 215 Noonan v MacLennan [2010] QCA 50 Pingel v Toowoomba Newspapers Pty Ltd [2010] QCA 175 Piscioneri v Reardon [2015] ACTSC 61 Rayney v Western Australia (No 3) [2010] WASC 83 Riske v Oxley Insurance Brokers Pty Ltd (No 2) [2014] NSWSC 1611 Snezana Angeleska (Known As Slaveska) v State of Victoria and Others (According To The Attached Schedule) [2015] VSCA 140 State Bank of New South Wales Ltd v Currabubula Holdings Pty Ltd (2001) 51 NSWLR 399 Wookey v Quigley (No 2) [2010] WASC 209 Category: Procedural and other rulings Parties: Plaintiff: Bianca Castafiore First Defendant: Uniting Church in Australia Property Trust (NSW) Second Defendant: Tristan Bior Representation: Counsel: Plaintiff: In person Defendants: Mr R Potter