Hunt v Al Halek

Case [2020] NSWDC 541


District Court


New South Wales

  • Amendment notes
Medium Neutral Citation: Hunt v Al Halek [2020] NSWDC 541
Hearing dates: 11 September 2020
Date of orders: 11 September 2020
Decision date: 18 September 2020
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

(1)   The parties to bring in Short Minutes of Order reflecting each of the occasions upon which the plaintiff is liable to pay costs thrown away by reason of his amended pleading.

(2)   Plaintiff’s application for costs payable forthwith as a gross sum order is dismissed.

(3)   Parties’ costs to be cost in the cause.

Catchwords:

TORT – defamation – defendant in person provides two defences inadequately pleading justification – solicitor subsequently retained first retains and then drops the plea of justification while pleading qualified privilege – plea of triviality then abandoned as well – whether repeated amendments to pleadings warrants an order for costs to be assessed forthwith in a gross sum costs order – application refused

Legislation Cited:

Civil Procedure Act 2005 (NSW) ss 56 – 62, 98(4)

Federal Court of Australia, Costs Practice Note (GPN-COSTS)

Cases Cited:

Alhalek v Quintiliani t/as Kells Lawyers [2020] FCA 1272

Amos v Monsour P/L & Ors [2009] QCA 65

Baltinos v Johnson (Supreme Court of NSW, Levine J, 16 December 1994)

Bell v Pentelow [2019] HCA 29; 93 ALJR 1007; 372 ALR 555

Bernstein v Poon, 2015 ONSC 2125

Bhagat v Global Custodians Ltd [2002] FCAFC 51

Bobb v Wombat Securities Pty Ltd & Ors (No 2) [2013] NSWSC 863

Fiduciary Limited v Morningstar Research Pty Ltd [2002] NSWSC 432; 55 NSWLR 1; 55 ALR 1

Ghosh v Miller (No 2) [2016] NSWSC 713.

Hague v Cordiner(No 2) [2020] NSWDC 23

Hockey v Fairfax & Ors (No 2) [2015] FCA 750

Johnson v Department of Community Services (No 2) [1999] NSWSC 1251

Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300

Mathews v Pigram [2020] NSWDC 526

McConnell Dowell Constructors (Aust) Pty Ltd v Santam Ltd & Ors (No 1) [2016] VSC 734

Merringtons Pty Ltd v Luxxotica Retail Pty Ltd [2006] VSC 25

Oliver v Bryant Strata Management Pty Ltd (1995) 41 NSWLR 514

Opai v Culpan [2017] NZHC 1036, [2017] NZAR 1142

Penson v Titan National Pty Ltd (no 3) [2015] NSWCA 121

Petkovic v Koutalianos [2016] NSWSC 1817

TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] FCA 955

Toben v Nationwide News Pty Ltd [2015] NSWSC 1784 at [109]

Ventouris Enterprises Pty Ltd v Dib Group Pty Ltd & Anor (No. 4) [2011] NSWSC 720

Texts Cited:

The Hon Justice Murphy, “The Problem of Legal Costs: Lump Sum Costs Orders in the Federal Court”, Federal Court of Australia, 17 November 2017

Category:Procedural and other rulings
Parties: Plaintiff: John Richard Paul Hunt
Defendant: Kyled Al Halek
Representation:

Counsel:
Plaintiff: Mr T Senior
Defendant: Ms A Tannous (solicitor)

Solicitors:
Plaintiff: Kylee Trevitt Legal
Defendant: Company (Giles)
File Number(s): 2019/313938

Judgment

The proceedings and applications

  1. The plaintiff commenced proceedings for…

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AGLC
Hunt v Al Halek [2020] NSWDC 541
Case
[2020] NSWDC 541
Decision Date

CaseChat Overview and Summary

In the matter of Hunt v Al Halek, the plaintiff, Hunt, sued the defendant, Al Halek, for defamation. The plaintiff's claim stemmed from comments made by the defendant, which were allegedly defamatory in nature. The case was heard by the court which had to determine whether the defendant's comments were indeed defamatory and, if so, what the appropriate remedy might be.

The legal issues before the court involved the adequacy of the defendant's pleadings in relation to the defences of justification, qualified privilege, and triviality. The defendant initially pleaded justification but later dropped this defence, switching to qualified privilege. Subsequently, the plea of triviality was also abandoned. The court had to consider whether the repeated amendments to the pleadings warranted an order for costs to be assessed forthwith in a gross sum costs order.

The court found that while the amendments to the pleadings were numerous, they did not justify the imposition of a gross sum costs order. The court held that each instance of the plaintiff being liable for costs thrown away due to amended pleadings should be documented in Short Minutes of Order. The plaintiff's application for costs payable forthwith as a gross sum order was dismissed, and the costs of the parties were to be cost in the cause. This decision underscores the need for careful consideration of pleading amendments and their potential financial implications.

Orders

Orders of the court

(1) The parties to bring in Short Minutes of Order reflecting each of the occasions upon which the plaintiff is liable to pay costs thrown away by reason of his amended pleading.

(2) Plaintiff’s application for costs payable forthwith as a gross sum order is dismissed.

(3) Parties’ costs to be cost in the cause.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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