Mohareb v Fairfax Media Publications Limited; Mohareb v Harbour Radio Pty Limited

[2020] NSWSC 55

Supreme Court

New South Wales

Medium Neutral Citation:

Mohareb v Fairfax Media Publications Limited; Mohareb v Harbour Radio Pty Limited [2020] NSWSC 55

Hearing dates:

7 February 2020

Date of orders:

07 February 2020

Decision date:

07 February 2020

Jurisdiction:

Common Law

Before:

Adamson J

Decision:

(1)   Vacate the hearing date of 3 August 2020.

 

(2)   Grant liberty to the parties to apply to relist the matter before me on three days’ notice to my Associate.

 (3)    Stand the matter over for further directions before me on Friday, 26 June 2020 at 9.15 am.

Catchwords:

PRACTICE AND PROCEDURE – application to vacate hearing date – application granted – no question of principle

Category:

Procedural and other rulings

Parties:

Proceedings 2017/35614

 

Nader Mohareb (Plaintiff)
Fairfax Media Publications Pty Limited (First Defendant)
Louise Hall (Second Defendant)
State of New South Wales (Third Defendant)

 

Proceedings 2017/25606

  Nader Mohareb (Plaintiff)
Harbour Radio Pty Limited (First Defendant)
Ray Hadley (Second Defendant)
State of New South Wales (Third Defendant)

Representation:

Counsel:
Plaintiff (Self-represented)
M Richardson (First and Second Defendants in each proceeding)
R Kelly (Third Defendant in each proceeding)

  Solicitors:
Banki Haddock Fiora (First and Second Defendants in each proceeding)
Crown Solicitor’s Office (Third Defendant in each proceeding)

File Number(s):

2017/35614; 2017/25606

Judgment (EX TEMPORE)

1. This matter has been listed for mention before me today, following the plaintiff having been ordered to provide security for costs by my judgment delivered on 29 November 2019. It is common ground that the security was not provided as directed by 20 December 2019. Accordingly, the proceedings have been stayed since that date.

2. Mr Richardson, who appears for the first and second defendants, has asked me to vacate the hearing date on 3 August 2020. Mr Kelly, who appears on behalf of the third defendant, supports that application.

3. Mr Mohareb, who appears on his own behalf, opposes the vacation of the hearing date. He contends that it would be preferable for me to stand over this matter for four weeks or so because there are other matters that could occur in the interim which would shed light on whether the hearing can proceed and he would prefer to save the hearing date of 3 August 2020. He submits that the defendants were prepared to have the security motion dealt with later in February and that that is a powerful indication that they would have been ready to prepare for a hearing on 3 August 2020 in that event.

4. The plaintiff has indicated that he proposes to appeal against my decision by the end of February. He notes that he has appealed against the decision of Fagan J and that the Court of Appeal has not yet heard the appeal, which has a hearing date of 5 March 2020.

5. It is a matter of considerable significance that the Court has allocated at least four weeks for the hearing to commence on 3 August 2020. The longer that date remains fixed, the less likely it is that it can be made available to other litigants for a similarly lengthy case. Therefore the administration of justice is in favour of the question of vacation of the date being dealt with sooner rather than later.

6. Further, although I accept Mr Mohareb’s submission that he could still prepare for a hearing on 3 August 2020, the defendants have contended both on this occasion and also at the hearing of the motion for security for costs that, by reason of the nature of the defences raised to Mr Mohareb’s claims, the preparation of this case for hearing from the defendants’ part will be both lengthy and costly. This is why, as I understand it, they have sought the vacation of the hearing date now rather than allow that question to be decided closer to 3 August 2020.

7. I am persuaded that it is both necessary, appropriate and in the interests of justice that the hearing date of 3 August 2020 be vacated. As Mr Mohareb has said though, there are various contingencies which may affect the proceedings. Accordingly, it is appropriate that I also grant liberty to apply to restore the matter before me.

8. For these reasons I make the following orders:

1. Vacate the hearing date of 3 August 2020.

2. Grant liberty to the parties to apply to relist the matter before me on three days’ notice to my Associate.

3. Stand the matter over for further directions before me on Friday, 26 June 2020 at 9.15 am.

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Decision last updated: 11 February 2020