Slater v Smith (No 3) [2021] NSWSC 763

Slater v Smith (No 3) [2021] NSWSC 763

The balance of justice and convenience favoured the New South Wales defamation proceedings being conducted together with, or sequentially to, the related South Australian proceedings and in South Australia, because there was a greater connection to South Australia, substantial factual overlap concerning Ecosol, the proposed management buyout and the connected publications, likely common evidence and witnesses, and the South Australian Supreme Court could case manage the matters, subject to undertakings by Mr Slater designed to avoid delay.

Jurisdiction
Australia
Judgment Date
17 June 2021
Procedural Posture
Cross Vesting Application Arising From Defamation Proceedings / Interlocutory Application
Outcome
Application granted; New South Wales District Court proceedings stayed, removed to the Supreme Court of New South Wales and transferred to the Supreme Court of South Australia; costs ordered for the interlocutory hearing with payment deferred.
Legal Topics
['cross Vesting Transfer of Proceedings' 'interests of Justice' 'related Defamation Proceedings in Separate Jurisdictions' 'self Represented Litigants' 'interlocutory Costs']
['civil Procedure' 'defamation' 'costs'] ['cross Vesting Transfer of Proceedings' 'interests of Justice' 'related Defamation Proceedings in Separate Jurisdictions' 'self Represented Litigants' 'interlocutory Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Cross Vesting Application Arising From Defamation Proceedings / Interlocutory Application

Legal Issues

  1. 1 ['Whether the New South Wales District Court defamation proceedings should be stayed, removed to the Supreme Court of New South Wales, and transferred to the Supreme Court of South Australia under the cross-vesting legislation.' 'Whether the interests of justice and convenience favoured transfer where related South Australian defamation proceedings were already listed and involved overlapping factual background, parties, witnesses and issues.' 'What costs order should be made for the interlocutory hearing involving self-represented litigants.']

Ratio Decidendi

The balance of justice and convenience favoured the New South Wales defamation proceedings being conducted together with, or sequentially to, the related South Australian proceedings and in South Australia, because there was a greater connection to South Australia, substantial factual overlap concerning Ecosol, the proposed management buyout and the connected publications, likely common evidence and witnesses, and the South Australian Supreme Court could case manage the matters, subject to undertakings by Mr Slater designed to avoid delay.

Court Disposition

Application granted; New South Wales District Court proceedings stayed, removed to the Supreme Court of New South Wales and transferred to the Supreme Court of South Australia; costs ordered for the interlocutory hearing with payment deferred.

Orders

  • ['The proceedings instituted in the District Court of New South Wales file no. 2019/00338012 by Jeffery Malcolm Smith as Plaintiff against Matthew Richard Slater as Defendant be stayed in that Court pursuant to 142(1) of the Civil Procedure Act 2005 (NSW).' 'The District Court Proceedings be transferred to the...