Nunn v Alyward

Case [2021] NSWDC 534


District Court


New South Wales

Medium Neutral Citation: Nunn v Alyward [2021] NSWDC 534
Hearing dates: 30 September 2021
Date of orders: 30 September 2021
Decision date: 30 September 2021
Jurisdiction:Civil
Before: Gibson DCJ
Decision:

Order:

(1)   The Defendant’s Separate Question application is dismissed.

(2)   The Defendant to pay the Plaintiff’s costs of that application.

(3)   The parties to exchange categories for discovery by 7 October 2021.

(4)   The Parties to provide lists of documents by way of discovery by 28 October 2021.

(5)   Any application for further discovery to be filed by 4 November 2021.

(6)   Any application for interrogatories to be filed by 14 October 2021.

(7)   Any submissions by the Plaintiff on interrogatories and further discovery to be filed and served by 15 November 2021.

(8)   Any submissions by the Defendant on interrogatories and further discovery to be filed and served by 22 November 2021.

(9)   The matter be listed for hearing of any filed applications and further directions on 25 November 2021 at 9am.

Catchwords:

TORT – defamation – two slanders – defendant’s application for separate trial under Uniform Civil Procedure Rules 2005 (NSW) (“UCPR”) r 28.2 on the issue of publication – application refused

Legislation Cited:

Defamation Act 1974 (NSW) s 7A

Uniform Civil Procedure Rules 2005 (NSW) (“UCPR”) r 28.2.

Cases Cited:

Ahmed v Harbour Radio Pty Ltd [2013] NSWSC 1928

Commonwealth Bank of Australia v Clune [2008] NSWSC 1125

Commonwealth Bank of Australia v Clune [2008] NSWSC 1125

Consolidated Trust Co Ltd v Browne (1948) 49 SR (NSW) 86

Cush v Dillon (2011) 243 CLR 298; [2011] HCA 30

Ekermawi v Harbour Radio Pty Ltd, Ekermawi v Nine Network Television Pty Ltd [2010] NSWADT 145

El Chami v Mackie [2019] NSWSC 821

Habib v Radio 2UE Sydney Pty Ltd [2009] NSWCA 231

Jones v Sutton [2004] NSWCA 439; 61 NSWLR 614; [2005] NSWCA 203

Lokmeh v Harbour Radio Pty Ltd [2015] NSWDC 172

Plymouth Brethren (Exclusive Brethren) Christian Church v The Age Company Ltd; Plymouth Brethren (Exclusive Brethren) Christian Church v Fairfax Media Publications Pty Ltd [2018] NSWCA 95

Tallglen Pty Ltd v Pay TV Holdings Pty Ltd (1996) 22 ACSR 130

Triguboff v Fairfax Media Publications Pty Ltd [2018] FCA 845

Tyrrell v The Owners Corporation Strata Scheme 40022 [2007] NSWCA 8

World Hosts Pty Ltd v Mirror Newspapers Ltd [1976] 1 NSWLR 712

Texts Cited:

P Taylor SC, Justice G Bellew, M Meek SC, Dr E Elms OAM, Ritchie’s Uniform Civil Procedure New South Wales (LexisNexis Australia)

“Perverse jury verdicts in New South Wales defamation trials” (2003) 11 TLJ 28

R Baker and J Leslie, “Rethinking the defamation jury” (2008) 13 MALR 422

R Coleman, “Ruddock’s plan no longer such a fright” (2004) Gazette of Law & Journalism

Category:Procedural rulings
Parties: Plaintiff: Paul William Nunn
Defendant: Glenn Aylward
Representation:

Counsel:
Plaintiff: Mr A Nelson
Defendant: Mr M Clarke

Solicitors:
Plaintiff: Gorval Lynch
Defendant: Collas Moro Ross Lawyers
File Number(s): 2020/00322020

Judgment

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Details
AGLC
Nunn v Alyward [2021] NSWDC 534
Case
[2021] NSWDC 534
Decision Date

CaseChat Overview and Summary

In the matter of Nunn v Alyward, the parties were involved in a defamation dispute, specifically concerning two slanderous statements, with the case being heard in the Supreme Court of New South Wales. The plaintiff sought damages for defamation, claiming that the defendant had made two slanderous statements about them. The defendant sought a separate trial under UCPR r 28.2 on the issue of publication. The court was tasked with deciding whether the defendant's application for a separate trial on the issue of publication should be granted. The court considered whether the issue of publication was distinct and separable from the other issues in the case. The court found that the issue of publication was not sufficiently distinct or separable to warrant a separate trial. The court dismissed the defendant's application for a separate trial on the issue of publication. The court ordered that the defendant pay the plaintiff's costs of the application. Additionally, the court provided directions for the exchange of categories for discovery, lists of documents by way of discovery, applications for further discovery, applications for interrogatories, and submissions on interrogatories and further discovery. The matter was listed for hearing of any filed applications and further directions on 25 November 2021 at 9am.

Orders

Orders of the court

Order:

(1) The Defendant’s Separate Question application is dismissed.

(2) The Defendant to pay the Plaintiff’s costs of that application.

(3) The parties to exchange categories for discovery by 7 October 2021.

(4) The Parties to provide lists of documents by way of discovery by 28 October 2021.

(5) Any application for further discovery to be filed by 4 November 2021.

(6) Any application for interrogatories to be filed by 14 October 2021.

(7) Any submissions by the Plaintiff on interrogatories and further discovery to be filed and served by 15 November 2021.

(8) Any submissions by the Defendant on interrogatories and further discovery to be filed and served by 22 November 2021.

(9) The matter be listed for hearing of any filed applications and further directions on 25 November 2021 at 9am.

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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