Burns v Gaynor (No. 2) [2019] NSWDC 552

Burns v Gaynor (No. 2) [2019] NSWDC 552

Given the limited extent of publication, the existence of prior judgment for damages in the NCAT, a settlement with another defendant for the same publication, and the disproportionate commitment of court resources relative to the vindication sought, these proceedings are dismissed as an abuse of process pursuant to ss 61 and 67 Civil Procedure Act 2005 (NSW) and rr 12.7 and 13.4(1) Uniform Civil Procedure Rules 2005 (NSW).

Jurisdiction
Australia
Judgment Date
10 October 2019
Procedural Posture
Civil / Summary Dismissal Application
Outcome
Proceedings dismissed as abuse of process.
Legal Topics
['abuse of Process' 'proportionality' 'multiple Proceedings' 'online Publication' 'case Management']
['tort' 'defamation' 'civil Procedure'] ['abuse of Process' 'proportionality' 'multiple Proceedings' 'online Publication' 'case Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Summary Dismissal Application

Legal Issues

  1. 1 ['Whether the proceedings amount to an abuse of process' 'Whether multiple proceedings for different causes of action arising from the same publication may amount to abuse of process' 'Whether the litigation is disproportionate to the remedy sought' 'Whether double jeopardy or estoppel applies']

Ratio Decidendi

Given the limited extent of publication, the existence of prior judgment for damages in the NCAT, a settlement with another defendant for the same publication, and the disproportionate commitment of court resources relative to the vindication sought, these proceedings are dismissed as an abuse of process pursuant to ss 61 and 67 Civil Procedure Act 2005 (NSW) and rr 12.7 and 13.4(1) Uniform Civil Procedure Rules 2005 (NSW).

Court Disposition

Proceedings dismissed as abuse of process.

Orders

  • ['These proceedings are dismissed as an abuse of process pursuant to ss 61 and 67 Civil Procedure Act 2005 (NSW) and rr 12.7 and 13.4(1) Uniform Civil Procedure Rules 2005 (NSW).' 'Each of the plaintiff and second defendant is to bear his own disbursements and related costs, with liberty to apply to vary the order...