Snedden v Nationwide News Pty Limited [2010] NSWCA 98

Snedden v Nationwide News Pty Limited [2010] NSWCA 98

Because the Court inferred that Mr Snedden was deliberately evading lawful custody and was in breach of the High Court order requiring notification of changes to his residential address, the appeal should be stayed. Immediate dismissal was not justified, but Nationwide News should not remain indefinitely exposed to the appeal while that non-compliance continued; continued evasion and non-compliance would amount to an abuse of process justifying conditional summary dismissal unless Mr Snedden filed the required affidavit by 5 July 2010.

Jurisdiction
Australia
Judgment Date
03 May 2010
Procedural Posture
Procedural Ruling in a Defamation Appeal / Court of Appeal Hearing of Amended Notice of Motion Seeking Strike Out, Stay and Security for Costs
Outcome
Appeal stayed until further order and ordered to be dismissed with costs unless the appellant filed the specified affidavit by 5 July 2010; costs of the notice of motion to date awarded against Mr Snedden.
Legal Topics
['stay of Appeal' 'summary Dismissal' 'security for Costs' 'abuse of Process' 'appellant Evading Lawful Custody' 'breach of High Court Order']
['civil Procedure' 'defamation' 'extradition'] ['stay of Appeal' 'summary Dismissal' 'security for Costs' 'abuse of Process' 'appellant Evading Lawful Custody' 'breach of High Court Order']

Case Brief

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Procedural Posture

Procedural Ruling in a Defamation Appeal / Court of Appeal Hearing of Amended Notice of Motion Seeking Strike Out, Stay and Security for Costs

Legal Issues

  1. 1 ['Whether the appeal should be stayed because the appellant was deliberately evading lawful custody and in breach of a High Court order.' 'Whether the appeal should be immediately or conditionally dismissed as an abuse of process.' 'Whether security for costs should be considered while the stay and conditional dismissal were in issue.' 'Whether a single judge of the Court of Appeal should make orders concerning related District Court proceedings.']

Ratio Decidendi

Because the Court inferred that Mr Snedden was deliberately evading lawful custody and was in breach of the High Court order requiring notification of changes to his residential address, the appeal should be stayed. Immediate dismissal was not justified, but Nationwide News should not remain indefinitely exposed to the appeal while that non-compliance continued; continued evasion and non-compliance would amount to an abuse of process justifying conditional summary dismissal unless Mr Snedden filed the required affidavit by 5 July 2010.

Court Disposition

Appeal stayed until further order and ordered to be dismissed with costs unless the appellant filed the specified affidavit by 5 July 2010; costs of the notice of motion to date awarded against Mr Snedden.

Orders

  • ['I order that the appeal be stayed until further order.' 'I order that, unless on or before 5 July 2010 the appellant files an affidavit disclosing either that he has notified Darryl Parrish of his whereabouts and made himself available to be taken into custody pursuant to the order made by Deputy Chief Magistrate...