Greinert v Brooker (No 4) [2018] NSWSC 1904

Supreme Court New South Wales

Medium Neutral Citation: Greinert v Brooker (No 4) [2018] NSWSC 1904 Hearing dates: 30 November 2018 Decision date: 30 November 2018 Jurisdiction: Common Law Before: McCallum J Decision: I grant leave to the defendants to file an amended cross-claim in the form of the draft presented at Court on 23 November 2018; I order the defendants to pay the cross defendants' costs of the arguments heard on 23 October 2018 and 2 November 2018; I order the defendant to pay the plaintiff's costs of the argument on 23 November 2018; as to the first argument on 17 July 2018 the costs of that argument are to be each party's costs in the cause; I make no order as to costs as between the plaintiff and the defendant for round 2 and 3, that is, 12 October and 2 November; I stand the proceedings over to 7 December 2018 at 9.30 am for directions. If directions are agreed before then the listing may be vacated. Catchwords: CIVIL PROCEDURE – application by defendants for leave to file cross-claim – where defendants had failed in several earlier applications to plead claim in proper form – complexity of issues raised Legislation Cited: Defamation Act (2005) NSW Civil Procedure Act (2005) Cases Cited: Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550 Category: Procedural and other rulings Parties: Robert Alexander Greinert (plaintiff) John William Brooker (first defendant) Benjamin Morgan (second defendant) TCN Channel Nine Pty Ltd (first cross defendant) Nine Digital Pty Ltd (second cross defendant) Representation: Counsel: S Chrysanthou (plaintiff) R Rasmussen (defendants) M Richardson (cross defendants)