Wagstaff v Keramianakis & Anor [2006] NSWCA 137

Wagstaff v Keramianakis & Anor [2006] NSWCA 137

The claimant did not demonstrate any injustice flowing from Rein DCJ's grant of leave to amend the Statement of Claim that would warrant appellate intervention in a matter of practice and procedure. Once the first and second opponents were given leave to amend so as to rely only on a damages republication case, the original application for leave to appeal from Cooper DCJ's judgment was futile and related to no real issue to be tried. The first appeal hearing was wasted because the first and second opponents had not brought their amendment application in the District Court before that hearing, so they should pay the claimant's and third opponent's costs of that hearing, subject to the...

Jurisdiction
Australia
Judgment Date
30 May 2006
Procedural Posture
Summons for Leave to Appeal in Defamation Proceedings; Costs Determination / Court of Appeal Determination of Reserved Costs After Dismissal of the Summons for Leave to Appeal and Refusal of Leave to Amend That Summons
Outcome
The Court had already dismissed the Summons for Leave to Appeal and refused the claimant's application for leave to amend that Summons. On the reserved costs question, the first and second opponents were ordered to pay the claimant's and third opponent's costs of the first appeal hearing, and the claimant was...
Legal Topics
['costs of Adjourned Appeal Hearings' 'leave to Appeal' 'amendment of Pleadings' 'republication in Defamation' 'interlocutory Decisions on Practice and Procedure' 'section 7 a Defamation Trial']
['practice and Procedure' 'costs' 'defamation' 'appellate Procedure'] ['costs of Adjourned Appeal Hearings' 'leave to Appeal' 'amendment of Pleadings' 'republication in Defamation' 'interlocutory Decisions on Practice and Procedure' 'section 7 a Defamation Trial']

Case Brief

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Procedural Posture

Summons for Leave to Appeal in Defamation Proceedings; Costs Determination / Court of Appeal Determination of Reserved Costs After Dismissal of the Summons for Leave to Appeal and Refusal of Leave to Amend That Summons

Legal Issues

  1. 1 ["Whether the claimant should be granted leave to amend the Summons for Leave to Appeal to challenge Rein DCJ's grant of leave to amend the Statement of Claim." "Whether the original Summons for Leave to Appeal from Cooper DCJ's ruling served any purpose after the first and second opponents were given leave to plead only a damages republication case." "Whether the Court could or should interfere with Cooper DCJ's reserved costs order for the terminated s 7A hearing." 'Who should pay the costs of the first appeal hearing and the second appeal hearing.']

Ratio Decidendi

The claimant did not demonstrate any injustice flowing from Rein DCJ's grant of leave to amend the Statement of Claim that would warrant appellate intervention in a matter of practice and procedure. Once the first and second opponents were given leave to amend so as to rely only on a damages republication case, the original application for leave to appeal from Cooper DCJ's judgment was futile and related to no real issue to be tried. The first appeal hearing was wasted because the first and second opponents had not brought their amendment application in the District Court before that hearing, so they should pay the claimant's and third opponent's costs of that hearing, subject to the...

Court Disposition

The Court had already dismissed the Summons for Leave to Appeal and refused the claimant's application for leave to amend that Summons. On the reserved costs question, the first and second opponents were ordered to pay the claimant's and third opponent's costs of the first appeal hearing, and the claimant was...

Orders

  • ["First and second opponents to pay the claimant's and third opponent's costs of the first appeal hearing, save to the extent that those costs are already covered by the costs thrown away order/agreement." "Claimant to pay the opponents' costs of the second appeal hearing save to the extent that those costs are...