Martrat Pty Limited trading as Huxley Hill & Associates v Murphy [2020] NSWDC 1

District Court New South Wales

Medium Neutral Citation: Martrat Pty Limited trading as Huxley Hill & Associates v Murphy [2020] NSWDC 1 Hearing dates: Written submissions, 17, 18 and 19 December 2019 Date of orders: 20 January 2020 Decision date: 20 January 2020 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) The plaintiffs are to serve signed witness statements intended to stand as their witnesses' evidence-in-chief by 6 March 2020. (2) The defendants to serve signed witness statements intended to stand as their witnesses' evidence-in-chief by 10 April 2020. (3) There is to be no provision for witness statements in reply except to the extent that it is intended to call in reply a witness in respect of which a witness statement has not already been provided. (4) If any witness (other than the second plaintiff and the first defendant, who must each provide a signed witness statement) refuses to provide a signed statement, a précis of each such witness's expected evidence, signed by the solicitor for the party or such other person responsible for the drafting thereof, is to be provided in accordance with the times fixed by this timetable. (5) The defendants are to provide, by 13 March 2020, a list of all outstanding complaints concerning the issues identified in paragraphs 1-10 of the defendants' written submissions and any other pleading or particularisation issue arising from the plaintiff's evidence. (6) These proceedings are listed for further directions in the Defamation List on 19 March 2020, on which date the defendants are to advise the court if there are interlocutory applications requiring a ruling and whether the length of the hearing (currently five days plus) should be adjourned, shortened or extended. (7) If there is a need for argument or a further timetable for any reason (including issues arising from the statements and outlines to be served by the defendants by 10 April 2020), the parties have liberty to restore these proceedings to the Defamation List after 10 April 2020. (8) The defendants are to pay the plaintiffs' costs of this application, with liberty to apply. Catchwords: PRACTICE AND PROCEDURE – defamation proceedings set down for hearing in August 2019 for a 5-day hearing in June 2020 – defendants bring application in December 2019 for affidavit evidence at the trial – plaintiffs offer to provide outlines of evidence or, alternatively, witness statements – no provision in the UCPR (rr 31.1 and 31.4) containing any provisions for outlines – circumstances in which statements, affidavits or outlines may be ordered in defamation proceedings – timetable for statements and outlines made – case management issues – long history of brinkmanship in relation to interlocutory argument – potential for ambush at the trial – timetable for parties to provide a list of issues still in dispute Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56-62, 63 and 64 Crown Proceedings Act 1988 (NSW), s 5 Supreme Court Act 1970 (NSW), s 123 Uniform Civil Procedure Rules 2005 (NSW), rr 2.1, 2.3, 31.1, 31.4 and Part 35 Cases Cited: Accommodation West Pty Ltd v Aikman [2017] WASC 157 Astral Land Pty Ltd v Golden Commercial Pty Ltd [2012] WASC 274 Balzola v Passas & Anor [2018] NSWSC 1948 Bauskis v Liew [2013] NSWCA 297 Bobolas v Waverley Council [2016] NSWCA 139 Cash v Morris (1993) 10 WAR 58 Charan v Nationwide News Pty Ltd [2017] VSC 66 Charan v Nationwide News Pty Ltd [2019] VSCA 8 Cock & Anor v Hughes & Ors [2001] WASC 24 Duffy v Google Inc (No 2) [2015] SASC 206 Hacklane v John Fairfax Publications Pty Ltd [2002] NSWSC 341 Halpin & Ors v Lumley General Insurance Ltd (2009) 78 NSWLR 265 Henry v Hill [2000] NSWSC 850 Hockey v Fairfax Media Publications Pty Limited [2015] FCA 652 Hore-Lacy v David Syme & Co Ltd (1998) A Def R 53-010; [1998] VSC 96 Howes v ACP Magazines Limited [2013] NSWSC 1836 Ives v The State of Western Australia (No 7) [2013] WASC 62 Jingalong Pty Ltd v Todd [2014] NSWCA 330 Kingsfield Holdings Pty Ltd v Rutherford [2016] WASC 117 Kyriackou & Ors v Edwards [2014] VSC 201 Loo v Rural Press Pty Ltd [2003] NSWSC 107 Macquarie Bank Ltd v Nationwide News Pty Ltd & Anor [2009] ACTSC 9 Markisic & Anor v Middletons Lawyers & Ors [2005] NSWSC 258 Marson v Network Ten Pty Ltd [2016] NSWSC 1245 Mosslmani v Nationwide News Pty Ltd (2017) 25 DCLR (NSW) 45 Murray v Raynor [2019] NSWCA 274 Obermann v ACP Publishing Pty Limited [2001] NSWSC 1022 Raynor v Murray [2019] NSWDC 189 Saad v New South Wales [2013] NSWSC 154 Sali v SPC Ltd [1993] HCA 47; (1993) 67 ALJR 841 Shea v News Ltd (No 2) [2016] WASC 146 Slaven v Prime Media Group Limited [2019] NSWDC 502 Snedden v Nationwide News Pty Ltd [2009] NSWLR 1446 Tedeschi v Franklins Ltd (Supreme Court of New South Wales, Levine J, 23 September 1994) Walter v Buckeridge [2010] WASC 68 Williams v Harbour Radio Pty Ltd [2014] NSWSC 1242 Wyss v Dobson & Ors [2001] WASC 93 Texts Cited: P. Taylor SC, Justice G. Bellew, M. Meek SC, Dr E. Elms OAM, Ritchie's Uniform Civil Procedure New South Wales (LexisNexis) Category: Procedural and other rulings Parties: First Plaintiff: Martrat Pty Limited trading as Huxley Hill & Associates Second Plaintiff: Brynley Hill First Defendant: Michele Murphy Second Defendant: State of New South Wales Representation: Counsel: Plaintiffs: Mr T S Hale SC Defendants: Ms S Chrysanthou