District Court
New South Wales
Medium Neutral Citation: Piggott v Van Der Veen [2025] NSWDC 391 Hearing dates: 30 September 2025 Date of orders: 2 October 2025 Decision date: 02 October 2025 Jurisdiction: Civil Before: Gibson DCJ Decision: See paragraph [43]
Catchwords: TORT – defamation – motion for summary dismissal - adequacy of concerns notice and statement of claim – plaintiff’s address for service not a place of business – whether costs should be awarded on an indemnity costs
Legislation Cited: Corporations Act 2001 (Cth) s 142
Defamation Act 2005 (NSW) ss 10A, 12A and 12B
Cases Cited: Anderson v Beldev MI Pty Ltd [2025] NSWSC 471 and Kostov v Zhang; Kostov v Fairfax Media Publications Pty Ltd (No. 3) [2017] NSWDC 89
Cavar v Campbelltown Catholic Club Ltd [2024] NSWCA 126
Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353
Duke of Brunswick v Harmer (1849) 14 QB 185
Durand v Lawrence [2025] QDC 129
Eppinga v Kalil & Anor (No 2) [2022] NSWDC 591
Hoser v Herald and Weekly Times Pty Limited & Anor (Ruling) [2022] VCC 2213
Kelly v Mosman Municipal Council [2010] NSWCA 370
Khan v Hassan (Ruling No 3) [2023] VCC 2243
Khan v Hassan (Ruling) [2023] VCC 852
Rader v Haines [2022] NSWCA 198
Randell v McLachlan [2022] NSWDC 506
Rapisarda v Colladon (Irregular Divorces) [2014] EWFC 35
Reiter v News Corp Australia Pty Ltd & Anor [2025] VSC 54
Sheen v Burke [1993] 1 VR 584
Category: Procedural rulings Parties: Plaintiff: Mark Piggott
Defendant: John Van Der VeenRepresentation: Solicitors:
Plaintiff: self-represented
Defendant: BlackBay Lawyers
File Number(s): 2025/00257062 Publication restriction: Nil
Judgment
The application before the court
-
The plaintiff, by statement of claim filed on 6 July 2025, brings proceedings for defamation for emails sent to himself and to a conference venue site (info@winterfest.com.au) by the defendant. The texts of these emails and the dates on which they were sent are unspecified; the only description of them is set out in the “acts of defamation” referred to in paragraph 8 of the pleading, which appears to roll up all correspondence between the plaintiff and defendant over a period of about ten months.
-
The defendant, by notice of motion filed on 3 September 2025, seeks the dismissal of these proceedings on the grounds that they are (in relation to the publications prior to the 12-month period prior to filing) statute-barred under s 14B of the Limitation Act 1969 (NSW) and, further, disclose no reasonable cause of action by reason of failures to comply with ss 10A, 12A and 12B of the Defamation Act 2005 (NSW) (“the Act”).
-
The plaintiff acknowledges that the proceedings are brought out of time in relation to the first two publications but…
Continue reading Piggott v Van Der Veen
Sign in free to access the full text
- AGLC
- Piggott v Van Der Veen [2025] NSWDC 391
- Case
- [2025] NSWDC 391
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court included whether the notice of concerns and statement of claim were sufficient in form and content to meet the statutory requirements and if Piggott's address for service qualified as a place of business. Additionally, the court had to consider whether an indemnity costs order was appropriate in light of the circumstances surrounding the proceedings, including the defendant's conduct and the nature of the claim.
The court found that the notice of concerns was inadequate as it did not fully comply with the statutory requirements, lacking sufficient detail regarding the defamatory statements. The statement of claim was also deemed inadequate as it did not sufficiently particularise the alleged defamatory imputations. Furthermore, the court concluded that Piggott's address for service did not meet the criteria of a place of business, which could have implications for the enforceability of any future judgment. Given these findings, the court determined that an indemnity costs order was warranted, reflecting the circumstances of the case and the defendant's conduct.
In conclusion, the court dismissed the proceedings for the reasons outlined above and ordered that costs be awarded to the defendant on an indemnity basis. The detailed findings on the inadequacy of the notice of concerns and statement of claim, as well as the characterisation of Piggott's address for service, underscore the importance of strict compliance with procedural requirements in defamation cases.
Orders
Orders of the court
See paragraph [43]
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.