Mallegowda v Sood

[2019] NSWCA 37

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Mallegowda v Sood [2019] NSWCA 37
Hearing dates:	20 February 2019
Date of orders:	20 February 2019
Decision date:	05 March 2019
Before:	Gleeson JA; McCallum JA
Decision:	The summons seeking leave to appeal is dismissed with costs.
Catchwords:	CIVIL PROCEDURE – Court of Appeal – application for leave to appeal – whether primary judge erred in admitting into evidence expert report based on documents produced under subpoena – whether subpoena should not have been issued without leave prior to close of pleadings – whether primary judge erred in applying test in Webb v Bloch – whether primary judge erred in giving insufficient weight to oral testimony of expert witnesses – whether appeal has sufficient prospects of success
Legislation Cited:	Defamation Act 1974 (NSW), s 7A District Court Act 1973 (NSW), s 127(20)(c) Uniform Civil Procedure Rules 2005 (NSW), r 7.3
Cases Cited:	Capital Securities XV Pty Ltd (formerly known as Prime Capital Securities Pty Ltd) v Calleja [2018] NSWCA 26 Dank v Cronulla Sutherland District Rugby League Football Club [2014] NSWCA 288 Joseph v Spiller [2011] 1 AC 852 Mallegowda v Sood [2013] NSWDC 98 Mallegowda v Sood (No 6) [2018] NSWDC 281 Prothontory of the Supreme Court of New South Wales v Mallegowda [2016] NSWSC 1087 Scott v Jones [2003] NSWSC169 Webb v Bloch (1928) 41 CLR 331; [1928] HCA 50
Category:	Procedural and other rulings
Parties:	Shashikanth Mallegowda (applicant) Amit Sood (first respondent) Naveen Lingaiah (second respondent)
Representation:	Counsel: Applicant self-represented Bruce Connell (respondents)   Solicitors: Blaxel Law (respondents)
File Number(s):	2018/202161
Publication restriction:	No
Decision under appeal	Court or tribunal: District Court of NSW Jurisdiction: Civil Citation: [2018] NSWDC 281 Date of Decision: 29 June 2018 Before: Gibson DCJ File Number(s): 2012/352080

Judgment

1. GLEESON JA: My reasons for joining in the orders of the Court made on 20 February 2019 accord with those of McCallum JA.

2. McCALLUM JA: Mr Shashikanth Mallegowda sought leave to appeal against a judgment in proceedings for defamation in the District Court. Leave was required under s 127(2)(c) of the District Court Act 1973 (NSW) because the value of the claim did not exceed $100,000.

3. On 20 February 2019, the Court refused leave to appeal with costs, reserving reasons. These are my reasons for joining in that order.

Proceedings before the primary judge

4. The hearing of the claim presented a difficult task for the primary judge (Gibson DCJ). Mr Mallegowda was the plaintiff. There were two defendants, Mr Amit Sood and Mr Naveen Lingaiah. All three parties were unrepresented. There was extreme hostility between the plaintiff on the one hand and the two defendants on the other. The parties’ lack of legal training combined with their determination to pursue every point meant they not only gave no assistance to the primary judge but made her task more difficult in many respects.

5. The parties were all members of the Indian Association of Newcastle. The events giving rise to the defamation action occurred…