Barach v University of New South Wales [2011] NSWSC 431

Barach v University of New South Wales [2011] NSWSC 431

Service was authorised under UCPR as damage was pleaded to have occurred in NSW, and Mr Karaka was properly joined as a defendant with other parties served in NSW; the Supreme Court of NSW is not a clearly inappropriate forum applying the 'clearly inappropriate forum' test, and there are triable issues regarding publication and damages, so the proceedings should not be dismissed for insufficient prospects of success.

Parties
Plaintiff: Dr Paul Randall Barach; 1st Defendant: University of New South Wales; 2nd Defendant: Professor Raphael Hilary Grzebieta; 3rd Defendant: Professor Ann Williamson; 4th Defendant: Assoc. Professor Andrew McIntosh; 5th Defendant: David Michael Ward; 6th Defendant: Professor Richard Henry; 7th Defendant: Harold Karaka; 8th Defendant: Lori Mooren
Jurisdiction
Australia
Judgment Date
24 May 2011
Procedural Posture
Defamation / Interlocutory Motion; Ruling on Notice of Motion to Set Aside Service and Decline Jurisdiction
Outcome
Notice of motion dismissed; leave granted to continue proceedings against 7th defendant; costs ordered against 7th defendant.
Legal Topics
Service Outside Australia, Substituted Service, Jurisdiction, Forum Non Conveniens, Abuse of Process, Vicarious Liability, Damages
Civil Procedure Defamation Service Outside Australia Substituted Service Jurisdiction Forum Non Conveniens Abuse of Process Vicarious Liability +1 more

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Parties

Dr Paul Randall Barach

Plaintiff

University of New South Wales

1st Defendant

Professor Raphael Hilary Grzebieta

2nd Defendant

Professor Ann Williamson

3rd Defendant

Assoc. Professor Andrew McIntosh

4th Defendant

David Michael Ward

5th Defendant

Professor Richard Henry

6th Defendant

Harold Karaka

7th Defendant

Lori Mooren

8th Defendant

Procedural Posture

Defamation / Interlocutory Motion; Ruling on Notice of Motion to Set Aside Service and Decline Jurisdiction

Legal Issues

  1. 1 Whether service of originating process outside Australia on the 7th defendant was authorised under UCPR
  2. 2 Whether the Supreme Court of NSW is an inappropriate forum for this claim
  3. 3 Whether the claim against the 7th defendant has insufficient prospects of success to warrant dismissal

Ratio Decidendi

Service was authorised under UCPR as damage was pleaded to have occurred in NSW, and Mr Karaka was properly joined as a defendant with other parties served in NSW; the Supreme Court of NSW is not a clearly inappropriate forum applying the 'clearly inappropriate forum' test, and there are triable issues regarding publication and damages, so the proceedings should not be dismissed for insufficient prospects of success.

Court Disposition

Notice of motion dismissed; leave granted to continue proceedings against 7th defendant; costs ordered against 7th defendant.

Orders

  • Notice of motion dated 21 October 2010 dismissed.
  • The 7th defendant to pay the costs of the plaintiff for that motion.