Facer v Wolfe [2013] NSWDC 231

Facer v Wolfe [2013] NSWDC 231

The defendant was not given adequate and reasonable notice of the hearing date, being notified only nine days beforehand while overseas. Thus, the hearing date is vacated to ensure procedural fairness and natural justice; the court cannot proceed in the absence of the defendant without proper notice.

Jurisdiction
Australia
Judgment Date
28 November 2013
Procedural Posture
Defamation / Assessment Hearing Adjourned; Hearing Date Vacated; Returned to Defamation List
Outcome
Hearing date vacated; matter returned to Defamation List. Costs of today reserved.
Legal Topics
['defamation by Email' 'pleading Particulars' 'defence Struck Out' 'summary Judgment' 'notification of Hearing Date' 'adjournment' 'assessment of Damages']
['tort' 'defamation' 'civil Procedure'] ['defamation by Email' 'pleading Particulars' 'defence Struck Out' 'summary Judgment' 'notification of Hearing Date' 'adjournment' 'assessment of Damages']

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Procedural Posture

Defamation / Assessment Hearing Adjourned; Hearing Date Vacated; Returned to Defamation List

Legal Issues

  1. 1 ['Whether the defendant was given adequate notice of the hearing date' 'Whether the assessment hearing should proceed in the absence of the defendant' 'Whether the defendant is entitled to be heard on quantum despite no appearance']

Ratio Decidendi

The defendant was not given adequate and reasonable notice of the hearing date, being notified only nine days beforehand while overseas. Thus, the hearing date is vacated to ensure procedural fairness and natural justice; the court cannot proceed in the absence of the defendant without proper notice.

Court Disposition

Hearing date vacated; matter returned to Defamation List. Costs of today reserved.

Orders

  • ['The defendant called outside Court 13D three times at 10:28am - no appearance.' "By reason of the fact that the defendant was not notified of the 28 November 2013 hearing date until 19 November 2013 and has advised that she is overseas until 30 December 2013, today's hearing date is vacated." "These proceedings...