Goldberg v Voigt [2019] NSWDC 691

District Court New South Wales

Medium Neutral Citation: Goldberg v Voigt [2019] NSWDC 691 Hearing dates: 17 October 2019 Date of orders: 17 October 2019 Decision date: 17 October 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Plaintiff's application pursuant to s 46 District Court Act 1973 (NSW) for urgent interlocutory relief is refused. (2) The defendant as a litigant in person is entitled to such reasonable disbursement as may be agreed or assessed, including but not limited to the disbursements of her appearance today. (3) Pursuant to r 7.36 Uniform Civil Procedure Rules 2005 (NSW), refer the defendant to the registrar for referral to a barrister or solicitor on the Pro Bono Panel for legal assistance. (4) Matter stood over to the Defamation List on Thursday 5 December 2019 for further directions. Catchwords: INJUNCTION – application by the plaintiff pursuant to s 46 District Court Act 1973 (NSW) and District Court Civil Practice Note 6 (Defamation List), paragraph 9 for removal by the defendant of material from the internet – balance of convenience issues in applications for interim injunctions defamation proceedings – application refused Legislation Cited: District Court Act 1973 (NSW), s 46 Cases Cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Bennette v Cohen [2009] NSWCA 60 Bonnard v Perryman [1891] 2 Ch 269 Doe v Dowling [2017] NSWSC 1793 Munsie v Dowling [2014] NSWSC 598 Jane Doe 1 and Jane Doe 2 v Dowling [2016] NSWSC 1909 Stokes v Ragless [2014] SASC 56 Texts Cited: Hunt, D., Nicholas, H., Sackar, J. H., Tobin, T. K., and Sexton, M., Aspects of the Law of Defamation in New South Wales, (Young Lawyers Section, Law Society of NSW, Sydney, 1990, J C Gibson (ed)) Category: Procedural and other rulings Parties: Plaintiff: Bruce Goldberg Defendant: Alice Voigt Representation: Counsel: Plaintiff: Mr B Goldsmith (solicitor) Defendant: In person