Sawires v Price

In the case of Sawires v Price, the plaintiff, Mr Sawires, initiated legal action against the defendant, Mr Price, for defamation. The dispute arose from publications that were based on material obtained by Mr Sawires under subpoena in proceedings before the Local Court. The case was heard in the Supreme Court of New South Wales. Mr Price applied for the proceedings to be struck out on the grounds that they constituted an abuse of process, as Mr Sawires had not complied with an implied undertaking not to rely on the subpoenaed material without first obtaining leave from the court. This application was made after Mr Sawires’ application to be released from his implied undertaking was refused by a magistrate. The court found that Mr Sawires' failure to attend court proceedings, despite multiple attempts to contact him, warranted the granting of Mr Price's application. Consequently, the court permanently stayed the proceedings under section 67 of the Civil Procedure Act 2005 (NSW) and ordered that Mr Sawires pay Mr Price's costs on an indemnity basis.