Moran v Schwartz Publishing Pty Ltd [No 2]

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MORAN -v- SCHWARTZ PUBLISHING PTY LTD [No 2] [2015] WASC 35



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2015] WASC 35
Case No:CIV:1894/20145 DECEMBER 2014
Coram:KENNETH MARTIN J3/02/15
25Judgment Part:1 of 1
Result: Application allowed
B
PDF Version
Parties:TOBIAS FRIEDRICH MORAN
SCHWARTZ PUBLISHING PTY LTD
VIRGINIA PETERS

Catchwords:

Practice and procedure
Security for costs
Application by defendants pleading justification in a defamation action
Defendants' plea of justification to imputation of reasonable grounds to suspect plaintiff of murder
Plaintiff personally without assets or means to support an expensive defamation trial
Prior financial support by family and friends likely to continue
Relevant principles

Legislation:

Rules of the Supreme Court 1971 (WA), O 25

Case References:

Aboriginal Group Training WA (Inc) v Peedac Pty Ltd [2004] WASC 51
Ailakis v Olivero [2013] WASCA 91
Bond v Trustee of the Property of Alan Bond, A Bankrupt [1994] FCA 882; (1994) 20 AAR 1
Bride v The Australian Bank Ltd [1999] WASCA 88
Chase v News Group Newspapers Ltd [2002] EWCA Civ 1772; [2003] EMLR 11
Chen v Pyramid Building Society (In Liq) [1999] FCA 272
Cowell v Taylor (1885) 31 Ch D
Coyne v West Australian Newspapers Pty Ltd (No 1) (1996) 15 WAR 51
Del Bosco v Outtrim [2008] NSWSC 105
Engel Pty Ltd (In Liq) v Leeds (Unreported, WASC Full Court, Library No 940403, 20 July 1994)
Green v CGU Insurance Ltd [2008] NSWCA 148
Hastings v Hastings [2009] NSWCA 294
Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744
Knight v Beyond Properties Pty Ltd [2005] FCA 764
Mabrouk Minerals Pty Ltd v Mabrouk Holdings Ltd [2008] WASC 132
Mann v Dabelstein [2006] WASCA 176
Marks-Issacs v Fowler [2005] NSWCA 37
McSharry v Railway Commissioners (1897) 18 LR (NSW) 33
Mobila v Voudiotis [2002] VSCA 72; (2002) 4 VR 327
Montfroy v Roads Corporation [2005] VSC 320
Moran v Schwartz Publishing Pty Ltd [2014] WASC 334
Morris v Hanley [2001] NSWCA 374
Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72
Shackles v Broken Hill Pty Co Ltd [1996] 2 VR 427
Soia v Bennett [2012] WASCA 231
The Insurance Commissioner v Joyce [1948] HCA 17; (1948) 77 CLR 39
The Owners of Strata Plan 62930 v Kell & Rigby Holdings Pty Ltd [2010] NSWSC 612
Trafalgar West Investments Pty Ltd As Trustee For The Trafalgar West Investments Trust v Superior Lawns Australia Pty Ltd [No 3] [2013] WASC 150
Viavattene v Morton [2011] NSWSC 1173
Zakka v George Elias t/as Cadmus Lawyers [2012] NSWCA 277


JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : MORAN…
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Details
Case
[2015] WASC 35
Decision Date

CaseChat Overview and Summary

The case of Moran v Schwartz Publishing Pty Ltd [No 2] involved a defamation action where the defendants pleaded justification as a defence. The defendants sought security for costs, arguing that the plaintiff, who was without personal assets or means, would be unable to fund a potentially expensive trial. The plaintiff had previously received financial support from family and friends, which they expected to continue. The matter was before the court to determine whether the defendants were entitled to security for costs in light of the plaintiff's financial circumstances and the defendants' plea of justification.

The central legal issues in the case concerned the principles governing the granting of security for costs in defamation cases where the defendant has pleaded justification. The court needed to assess whether the plaintiff's financial position was such that it would be unjust to require the defendants to fund a potentially expensive trial without some assurance of repayment. Additionally, the court had to consider the implications of the defendants' plea of justification, which typically involves a higher burden of proof and may justify a more stringent approach to security for costs.

The court held that, in light of the plaintiff's limited financial resources and the defendants' plea of justification, it was appropriate to grant the defendants' application for security for costs. The court emphasised the importance of ensuring that parties in defamation actions where justification is pleaded are not placed at an unfair disadvantage. The court also noted that the plaintiff's expectation of continued financial support from family and friends did not alter the fundamental issue of their current inability to meet the costs of the trial. The decision underscored the need to balance the rights of the parties while ensuring that the legal process is not unduly impeded by financial constraints.

The final order of the court was to allow the defendants' application for security for costs. This decision reflected the court's consideration of the specific circumstances of the case and the relevant legal principles.

Orders

Orders of the court

Application allowed

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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