Gair v Greenwood [2019] NSWDC 725

District Court New South Wales

Medium Neutral Citation: Gair v Greenwood [2019] NSWDC 725 Hearing dates: 28 November 2019 Date of orders: 28 November 2019 Decision date: 03 December 2019 Jurisdiction: Civil Before: Gibson DCJ Decision: Notations

(1) Defendant called outside Court 13D three times at 9:05am – no appearance. (2) Defendant called again outside Court 13D three times at 9:45am – no appearance.

Orders

(1) The defence filed on 15 August 2017 is struck out. (2) Verdict and judgment for the plaintiffs, with damages (including any aggravated damages) to be assessed. (3) These orders to be entered forthwith. The court notes the plaintiffs seek an injunction against the defendant restraining him from publishing or causing to be published the matter complained of or matters substantially to the same effect as such matter pursuant to s 46 of the District Court Act 1973 (NSW) and paragraph 3 of the relief sought in the statement of claim. In respect of that application, the court further orders that: (4) The matter be fixed for hearing of the plaintiffs' application on Wednesday 11 December 2019 at 9:30am. (5) The plaintiffs by 2 December 2019, serve the defendant by email the form of injunction sought, their evidence and submissions in support of the injunction. (6) The defendant serve on the plaintiff any evidence and submissions on which he intends to rely in relation to the injunction sought by 9 December 2019. (7) The parties to provide the Associate to her Honour Judge Gibson with a copy of their evidence and submissions by 4.00pm 9 December 2019. (8) The plaintiffs to notify the defendant of these orders by 5.00pm today and have an affidavit of service available at the hearing on 11 December 2019 confirming notice has been given to the defendant of these orders and notations. Catchwords: PRACTICE AND PROCEDURE – application for defence to be struck out following non-compliance with self-executing order – history of non-compliance with orders by a self-represented litigant – defendant fails to attend court for the hearing of the application – case management consideration – defence struck out but defendant advised of entitlements under UCPR r 36.16 Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Defamation Act 2005 (NSW), ss 21, 25 and 26 Uniform Civil Procedure Rules 2005 (NSW), rr 7.36, 29.7 and 36.16 Cases Cited: Al Muderis v Duncan (No 4) [2016] NSWSC 1726 Brooks v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1331 Carolan v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1010 Channel Seven Sydney Pty Ltd v Senator Concetta Fierravanti-Wells [2011] NSWCA 24 Douglas v John Fairfax & Sons Ltd [1983] 3 NSWLR 126 Duraisamy v Sydney Trains [2019] NSWCA 269 Gair v Greenwood [2017] NSWSC 1652 Gair v Greenwood (No 2) [2018] NSWSC 947 Gair v Greenwood (No 3) (Supreme Court of New South Wales, 7 September 2018, McCallum J) Kostov v YPOL Limited [2017] NSWSC 395 Kostov v State of New South Wales (No 3) [2019] NSWCA 189 McGuirk v University of New South Wales [2010] NSWCA 104 Michail v Mount Druitt and Area Community Legal Centre Inc [2015] NSWCA 396 Palavi v Radio 2UE Sydney Pty Limited [2012] NSWDC 14 Rush v Nationwide News Pty Ltd [2018] FCA 357 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Category: Procedural and other rulings Parties: First Plaintiff: Thomas Duncan Gair Second Plaintiff: Garry Maurice Turland Defendant: Adam Haig Greenwood Representation: Counsel: Plaintiff: Ms D Woods Defendant: In person