Mallegowda v Sood (No. 5) [2017] NSWDC 470

District Court New South Wales

Medium Neutral Citation: Mallegowda v Sood (No. 5) [2017] NSWDC 470 Hearing dates: 1 June 2017 Date of orders: 01 June 2017 Decision date: 01 June 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Stand over the defendants' notice of motion to the trial on 9 August 2017, by reason of the nature of the application, extent of documentation and its lateness. (2) Costs reserved. (3) Note that the defendants have been advised that if they are granted leave to call Mr Raghu Hassan Mallegowda at the hearing, the plaintiff will be entitled to call evidence in reply regardless of whether this occasions a further adjournment or not. (4) Stand over the plaintiff's complaints regarding Mrs Sood not being called as a witness to the trial on 9 August 2017. (5) Mr Mallegowda may, similar to Mr Sood, provide his address for service in a sealed envelope to the court. (6) Grant the second defendant leave to apply to Gibson DCJ by notice of motion for leave to issue a subpoena to the Human Rights Commission and the Road and Maritime Services, such applications to attach full copies of the subpoenas to be served. Catchwords: TORT – defamation – hearing adjourned shortly before its conclusion so that plaintiff can prepare medical reports for his sentencing in the Supreme Court for contempt of court in relation to his conduct towards a witness in the defamation proceedings – appropriate orders to address the defendants' concern about their safety – trial management problems resulting from defendants' subsequent unreadiness for trial – defendants bring application to call extensive further evidence of justification which has not been particularised – no issue of principle Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56 – 62 Crimes Act 1900 (NSW) Criminal Code Act 1995 (Cth) District Court Act 1973 (NSW), s 203 Cases Cited: Aon Risk Services Australia Ltd v Australian National University (2009) 258 ALR 14 Associated Leisure Ltd v Associated Newspapers Ltd [1970] 2 QB 450 Carolan v Fairfax Media Publications Pty Ltd (No 4) [2015] NSWSC 1399 Hearne v Street (2008) 235 CLR 125 Ketteman v Hansel Properties Ltd [1987] AC 189 Mallegowda v Sood [2013] NSWDC 98 Mallegowda v Sood (District Court of New South Wales, Elkaim SC DCJ, 2 October 2013) Mallegowda v Sood (No. 2) [2014] NSWDC 216 Mallegowda v Sood (No. 3) [2015] NSWDC 14 Mallegowda v Sood (No. 4) [2016] NSWDC 88 Marsden v Amalgamated Television Services Pty Ltd [2000] NSWSC 570 Prothonotary of the Supreme Court of New South Wales v Mallegowda [2016] NSWSC 1087 Tedeschi v Franklins Ltd (Supreme Court of New South Wales, Levine J, 23 September 1994) Waterhouse v Broadcasting Station 2GB Pty Ltd (Supreme Court of New South Wales, Hunt J, 20 October 1986) Texts Cited: Tobin & Sexton, Australian Defamation Law & Practice (LexisNexis) Category: Procedural and other rulings Parties: Plaintiff: Shashikanth Mallegowda First Defendant: Amit Sood Second Defendant: Naveen Lingaiah Representation: Plaintiff: In person First Defendant: In person Second Defendant: In person File Number(s): 2012/352080 Publication restriction: None