Whitehall v Oxborough

[2018] NSWDC 315

District Court

New South Wales

Medium Neutral Citation:	Whitehall v Oxborough [2018] NSWDC 315
Hearing dates:	4 October 2018
Date of orders:	04 October 2018
Decision date:	04 October 2018
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) On the application of the defendant, these proceedings are stood over to the Defamation List on Thursday 1 November 2018. (2) Stand over the notice to produce issued by the defendant and the capacity and form challenges to the imputations to 1 November 2018. (3) Costs reserved.
Catchwords:	TORT – defamation – application by defendant for form and capacity rulings on imputations – defendant issues notice to produce for court documents in Supreme Court proceedings where the defendant is a party – interim non-publication orders made in the Supreme Court pending an urgent hearing – whether interim orders prevent the hearing of the argument on imputations and/or the production of documents under the notice to produce – applications adjourned pending further Supreme Court orders
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW), r 28.2
Cases Cited:	Al Muderis v Duncan (No 4) [2018] NSWSC 925 Bennette v Cohen (2005) 64 NSWLR 81 Bennette v Cohen (2007) Aust Torts Reports 81-897 Bennette v Cohen [2009] NSWCA 60 Calabro v Zappia (2010) 11 DCLR (NSW) 12 Capilano Honey Ltd v Mulvany (No 3) [2018] NSWSC 767 Civil Aviation Safety Authority v Whitehall [2018] NSWSC 1345 Craven v Globe Valley Pty Ltd [2018] QDC 155 Fastbet Investments Pty Ltd v Deputy Commissioner of Taxation (No 2) [2018] FCA 1418 Huang v Zhi [2018] VCC 529 Inserve Australia Ltd v Kinane [2018] QCA 116 Marshall v Smith [2013] WASC 432 Mowen v Rockhampton Regional Council [2018] QSC 192 Mowen v State of Queensland [2018] QSC 183 Prothonotary of the Supreme Court of New South Wales v Shane Dowling (No 3) [2018] NSWSC 784 Sali v Australian Broadcasting Corporation (No 2) [2013] VSC 719
Category:	Procedural and other rulings
Parties:	Plaintiff: Nathaniel John Whitehall Defendant: Terry Oxborough
Representation:	Counsel: Plaintiff: Mr N J Whitehall (in person) Defendant: Mr B Goldsmith (solicitor)   Solicitors: Plaintiff: Mr N J Whitehall (in person) Defendant: Goldsmiths Lawyers
File Number(s):	2018/159739
Publication restriction:	None

Judgment

Background

1. The plaintiff commenced proceedings for defamation arising out of three publications made by the defendant, the first on 19 May 2017 and the other two subsequent publications on 27 August 2017.

2. The proceedings were first listed for directions on 14 June 2018, when the defendant appeared in person. On the second directions hearing date on 23 August 2018, Mr Goldsmith appeared for the defendant. Mr Goldsmith gave notice of objections to the form and capacity of the imputations and sought a date for argument (the plaintiff, who is self-represented, was not present on that day and Mr Goldsmith undertook to inform him). The argument, which required rulings by way of a separate trial pursuant to r 28.2 Uniform Civil Procedure Rules 2005 (NSW), was accordingly listed on 4 October 2018.

3. The plaintiff also commenced proceedings against the Civil…