Glanville v TCN Channel Nine Pty Ltd (No 2) [2013] NSWSC 1179

Glanville v TCN Channel Nine Pty Ltd (No 2) [2013] NSWSC 1179

The plaintiff had not provided sufficient medical evidence explaining why his medical condition prevented him from attending for the continuation of cross-examination; therefore he was directed to provide evidence by 5pm and warned that, failing adequate evidence, the hearing might continue and be concluded in his absence.

Jurisdiction
Australia
Judgment Date
26 August 2013
Procedural Posture
Defamation Proceedings / Interlocutory Application During Hearing Concerning Plaintiff's Failure to Attend for Continuation of Cross Examination
Outcome
Plaintiff directed to provide evidence of his medical condition by 5pm, failing which the hearing of the proceedings may be concluded in his absence.
Legal Topics
['adjournment of Hearing' 'non Attendance by Party' 'medical Evidence' 'continuation of Cross Examination' 'truth Defence']
['procedure' 'defamation'] ['adjournment of Hearing' 'non Attendance by Party' 'medical Evidence' 'continuation of Cross Examination' 'truth Defence']

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Procedural Posture

Defamation Proceedings / Interlocutory Application During Hearing Concerning Plaintiff's Failure to Attend for Continuation of Cross Examination

Legal Issues

  1. 1 ["Whether the hearing of the proceedings should continue in the plaintiff's absence after he failed to return for the conclusion of his cross-examination" 'Whether the plaintiff had provided sufficient medical evidence to justify not attending court or to support any further adjournment']

Ratio Decidendi

The plaintiff had not provided sufficient medical evidence explaining why his medical condition prevented him from attending for the continuation of cross-examination; therefore he was directed to provide evidence by 5pm and warned that, failing adequate evidence, the hearing might continue and be concluded in his absence.

Court Disposition

Plaintiff directed to provide evidence of his medical condition by 5pm, failing which the hearing of the proceedings may be concluded in his absence.

Orders

  • ["The plaintiff is directed to inform the defendants' solicitor and the judge's Associate by 5pm on 26 August 2013 what orders, if any, will be sought the following morning." "The plaintiff is directed to serve and provide to the judge's Associate by 5pm on 26 August 2013 any evidence upon which he will rely in...