MARKISIC v TODAY DENES & ORS [2002] NSWSC 1051

MARKISIC v TODAY DENES & ORS [2002] NSWSC 1051

The applications to strike out defences and for default judgment were refused because the defences were bona fide, default judgment is questionable in defamation cases, and the relevant legislative amendments did not apply to proceedings filed before the Civil Liability Act 2002 commenced.

Jurisdiction
Australia
Judgment Date
08 November 2002
Procedural Posture
Defamation / Interlocutory Application to Strike Out Defences and for Default Judgment
Outcome
Plaintiff's Notice of Motion dismissed with costs.
Legal Topics
['defamation' 'civil Procedure' 'application to Strike Out Defence' 'default Judgment' 'civil Liability Act 2002']
['tort Law'] ['defamation' 'civil Procedure' 'application to Strike Out Defence' 'default Judgment' 'civil Liability Act 2002']

Case Brief

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Procedural Posture

Defamation / Interlocutory Application to Strike Out Defences and for Default Judgment

Legal Issues

  1. 1 ['Whether to strike out the s7A defences filed by specified defendants' 'Whether to grant default judgment against other defendants' 'Whether the amendments to the Legal Profession Act 1987 by the Civil Liability Act 2002 apply to these proceedings']

Ratio Decidendi

The applications to strike out defences and for default judgment were refused because the defences were bona fide, default judgment is questionable in defamation cases, and the relevant legislative amendments did not apply to proceedings filed before the Civil Liability Act 2002 commenced.

Court Disposition

Plaintiff's Notice of Motion dismissed with costs.

Orders

  • ["Plaintiff's Notice of Motion dismissed with costs." 'Matter to be placed in the list for call up for a fixing of a date for trial by jury pursuant to s7A of the Defamation Act.']