Mohareb v Harbour Radio Pty Limited;; Mohareb v Fairfax Media Publications Pty Limited;; Mohareb v State of NSW [2019] NSWSC 270

Supreme Court New South Wales

Medium Neutral Citation: Mohareb v Harbour Radio Pty Limited;; Mohareb v Fairfax Media Publications Pty Limited;; Mohareb v State of NSW [2019] NSWSC 270 Hearing dates: 8 March 2019 Decision date: 15 March 2019 Before: Hoeben CJ at CL Decision: Pursuant to s 146(1) of the Civil Procedure Act 2005 (NSW) I order that proceedings 2018/221230 – Nader Mohareb v State of New South Wales and the Northern Beaches Council be transferred to the District Court. Catchwords: PRACTICE AND PROCEDURE – defamation – transfer of proceedings to District Court – proper approach – relevant factors. Legislation Cited: Bankruptcy Act 1966 (Cth) – s 60(4) Civil Procedure Act 2005 (NSW) – ss 86, 146(1) Uniform Civil Procedure Rules – r 43.34 Vexatious Proceedings Act 2008 (NSW) Cases Cited: Bodenstein v Hope Street Urban Compassion [2014] NSWSC 174 Hoser v Hartcher [1999] NSWSC 1060 Mohareb v Harbour Radio Pty Ltd; Mohareb v Fairfax Media Publications Pty Ltd [2018] NSWSC 1992 Sporting Shooters Association of Australia (NSW) Inc v McGuire [2014] NSWSC 1370 West and Anor v Nationwide News Pty Ltd (t/as Cumberland Newspaper Group) [2003] NSWSC 767 Category: Procedural and other rulings Parties: 2017/25606 Nader Mohareb – Plaintiff Harbour Radio Pty Limited – 1st Defendant Ray Hadley – 2nd Defendant State of New South Wales – 3rd Defendant 2017/35614 Nader Mohareb – Plaintiff Fairfax Media Publications Pty Limited – 1st Defendant Louise Hall – 2nd Defendant The State of New South Wales – 3rd Defendant 2018/221230 Nader Mohareb – Plaintiff State of New South Wales – 1st Defendant Northern Beaches Council – 2nd Defendant Representation: Counsel: 2017/25606 Plaintiff – Self represented M Richardson – 1st and 2nd Defendants S Chrysanthou – 3rd Defendant 2017/35614 Plaintiff – Self represented M Richardson – 1st and 2nd Defendants S Chrysanthou – 3rd Defendant 2018/221230 Plaintiff – Self represented M Richardson – 1st Defendant J Guihot – 2nd Defendant