Brooks v Fairfax Media Publications Pty Ltd [2015] NSWSC 986

Brooks v Fairfax Media Publications Pty Ltd [2015] NSWSC 986

The application to dismiss the proceedings for abuse of process was rejected because the plaintiffs have a viable discrete cause of action for the online publication, the number of downloads was not negligible, the explanation for not pursuing the print publication in time was adequate, proportionality principles did not require dismissal, and there was insufficient evidence that the proceedings overlapped to the extent or had such little merit as to warrant summary dismissal.

Parties
First Plaintiff: Neil Brooks; Second Plaintiff: Elle Brooks; Defendant: Fairfax Media Publications Pty Ltd
Jurisdiction
Australia
Judgment Date
12 June 2015
Procedural Posture
Defamation Proceedings / Interlocutory Application to Dismiss as Abuse of Process
Outcome
Application to dismiss as abuse of process dismissed.
Legal Topics
Abuse of Process, Limitation Period, Internet Publication, Proportionality
Defamation Civil Procedure Abuse of Process Limitation Period Internet Publication Proportionality

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Parties

Neil Brooks

First Plaintiff

Elle Brooks

Second Plaintiff

Fairfax Media Publications Pty Ltd

Defendant

Procedural Posture

Defamation Proceedings / Interlocutory Application to Dismiss as Abuse of Process

Legal Issues

  1. 1 Whether proceedings regarding Internet publication should be dismissed as an abuse of process
  2. 2 Whether the number of downloads or overlap with other proceedings renders the proceedings disproportionate or an abuse of process

Ratio Decidendi

The application to dismiss the proceedings for abuse of process was rejected because the plaintiffs have a viable discrete cause of action for the online publication, the number of downloads was not negligible, the explanation for not pursuing the print publication in time was adequate, proportionality principles did not require dismissal, and there was insufficient evidence that the proceedings overlapped to the extent or had such little merit as to warrant summary dismissal.

Court Disposition

Application to dismiss as abuse of process dismissed.

Orders

  • Application dismissed.
  • Defendant to pay plaintiffs' costs of the first listing and the present application.