McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Brown & Australian Broadcasting Corporation (No 2) [2018] NSWSC 829

McLachlan v Browne & Fairfax Media Publications Pty Ltd; McLachlan v Brown & Australian Broadcasting Corporation (No 2) [2018] NSWSC 829

Mindful of the Court's obligations under the Civil Procedure Act 2005 (NSW), the plaintiff's proposed shorter extension was reasonable. The time for the defendants to comply with order (3) made in each proceeding on 16 March 2018 was extended only to 24 May 2018, the proceedings were stood over to 25 May 2018, and the defendants were ordered to pay the plaintiff's costs of preparing for and appearing at the hearing.

Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Defamation Proceedings / Application to Extend Time for Filing Defences
Outcome
Extension of time granted to 24 May 2018; proceedings stood over; defendants ordered to pay the plaintiff's costs of preparing for and appearing on 18 May 2018.
Legal Topics
['extension of Time for Filing Defence' 'default of Court Orders' 'case Management' 'costs']
['defamation' 'civil Procedure'] ['extension of Time for Filing Defence' 'default of Court Orders' 'case Management' 'costs']

Case Brief

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Procedural Posture

Defamation Proceedings / Application to Extend Time for Filing Defences

Legal Issues

  1. 1 ['Whether the defendants should be granted an extension of time to file and serve their defences until 1 June 2018.' 'Whether the shorter extension proposed by the plaintiff should be ordered instead.']

Ratio Decidendi

Mindful of the Court's obligations under the Civil Procedure Act 2005 (NSW), the plaintiff's proposed shorter extension was reasonable. The time for the defendants to comply with order (3) made in each proceeding on 16 March 2018 was extended only to 24 May 2018, the proceedings were stood over to 25 May 2018, and the defendants were ordered to pay the plaintiff's costs of preparing for and appearing at the hearing.

Court Disposition

Extension of time granted to 24 May 2018; proceedings stood over; defendants ordered to pay the plaintiff's costs of preparing for and appearing on 18 May 2018.

Orders

  • ['I extend the time within which the defendants are to comply with order (3) made in each proceeding on 16 March 2018 to 24 May 2018.' 'I stand the proceedings over to 25 May 2018 at 9.30am.' "I order the defendants to pay the plaintiff's costs of preparing for and appearing today."]