Raghubir v Nicolopoulos

Case [2021] FCA 1073


FEDERAL COURT OF AUSTRALIA

Raghubir v Nicolopoulos [2021] FCA 1073

File number(s): NSD 801 of 2021
Judgment of: RARES J
Date of judgment: 3 September 2021
Catchwords: HIGH COURT AND FEDERAL COURT – federal jurisdiction – whether claim under Defamation Act 2005 (NSW) based on publication to persons only within State of allegedly defamatory letters arising out of backyard dispute within federal jurisdiction – whether any matter attracting judicial power of the Commonwealth – Held: proceeding dismissed for want of jurisdiction
Legislation:

Federal Court of Australia Act1976 (Cth) s 19(1)

Judiciary Act 1903 (Cth) s 39B(1A)

Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 9(3)

Defamation Act 2005 (NSW) s 35(1)

Limitation Act 1969 (NSW) ss 14B, 56A

Cases cited:

Crosby v Kelly (2012) 203 FCR 451

Re Wakim;  Ex parte McNally (1999) 198 CLR 511

Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 16
Date of hearing: 3 September 2021
Solicitor for the Applicants: The Applicants appeared in person
Solicitor for the Respondents: Condon Legal

ORDERS

NSD 801 of 2021
BETWEEN:

RENUKA RAGHUBIR

First Applicant

VIRENDRA SINGH

Second Applicant

AND:

CHRISTINE NICOLOPOULOS

First Respondent

STRATA MANAGER SP7526

Second Respondent

STRATA TREASURER SP7526 (and others named in the Schedule)

Third Respondent

ORDER MADE BY:

RARES J

DATE OF ORDER:

3 SEPTEMBER 2021

THE COURT ORDERS THAT:

1.The proceeding be dismissed for want of jurisdiction.

2.The applicants pay the respondents’ costs.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.


REASONS FOR JUDGMENT
(REVISED FROM THE TRANSCRIPT)

RARES J:

  1. On 6 August 2021, the applicants,  Renuka Raghubir and Virendra Singh, filed an originating application in this Court claiming $5,504,100 damages for defamation under the Defamation Act 2005 (NSW) in respect of what, conveniently, they said in their affidavit sworn on 6 August 2021 was a dispute as follows:

    While we, the Plaintiffs were living there, we never talked to the defendants. We did not entertain her. The defendants started to instigate problems, by letting her dog bark at us every time we pass by from the front of the property, we go in the backyard to wash clothes, hang clothes, clean the backyard, do gardening in the backyard. The defendants will let her dog keep barking at us. Even when the defendants sense that we are in our kitchen, she will let her dog bark at us.

  2. The applicants claim that the first respondent, their former next-door neighbour, Christine Nicolopoulos, who was the chairperson and secretary of the strata corporation in which both the applicants and the first respondent then lived.  They claimed that, commencing on 2 July 2019, the first respondent wrote a series of allegedly defamatory letters to the other owners, and their real estate agents, of units in the block in Bexley, a suburb of Sydney.  The applicants rely on these letters to claim that the first respondent alleged to the local council, as well as to their then

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AGLC
Raghubir v Nicolopoulos [2021] FCA 1073
Case
[2021] FCA 1073
Decision Date

CaseChat Overview and Summary

The case of Raghubir v Nicolopoulos involved a dispute between two neighbours in New South Wales over a backyard dispute concerning barking dogs, which escalated to allegedly defamatory letters being exchanged. The matter was brought before the court to determine whether the Federal Court had the jurisdiction to hear the claim under the Defamation Act 2005 (NSW), considering that the publications were limited to persons within the state and did not extend beyond the state's boundaries. The central issue before the court was whether the dispute attracted the judicial power of the Commonwealth and fell within the ambit of federal jurisdiction.

The court held that the proceeding did not fall within the federal jurisdiction of the court. The dispute was purely local and did not involve any matter of national significance or any issue that would require the intervention of the federal judiciary. The allegedly defamatory letters, which were the consequence of the backyard dispute, were exchanged between the parties within the state and did not extend to any other state or territory, nor did they involve any federal law or constitutional matter. Consequently, the court concluded that it did not have the jurisdiction to hear the claim, and the proceeding was dismissed for want of jurisdiction.

In light of the above, the court ordered that the proceeding be dismissed for want of jurisdiction, and the applicants were to pay the respondents' costs. This decision underscored the importance of determining the appropriate jurisdiction for a legal matter, particularly in cases that may appear to have a federal aspect but are essentially local in nature. The dismissal of the proceeding for want of jurisdiction serves as a reminder of the need to carefully assess jurisdictional boundaries in federal court matters.

Orders

Orders of the court

1. The proceeding be dismissed for want of jurisdiction.

2. The applicants pay the respondents’ costs.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

It is not necessary to deal with those issues because I am satisfied beyond argument that this Court does not have jurisdiction to deal with a dispute about neighbours arguing over the back fence as to barking dogs and allegedly defamatory publications made as its consequences. Conclusion For these reasons, I will order that the proceeding be dismissed for want of jurisdiction. The applicants must pay the respondents’ costs.

Ratio Decidendi

Legal Principle Established

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