Zaia v Eshow [2016] NSWSC 1684

Zaia v Eshow [2016] NSWSC 1684

The interests of justice do not warrant transfer where the alleged publication occurred mainly in NSW, most witnesses are NSW residents, procedures in NSW ensure efficient hearing, expenses would increase with transfer, and the defendant's grounds for transfer (health and witnesses) are not persuasive or substantiated.

Parties
Plaintiff: Mar Meelis Zaia; Defendant: Sargon Eshow
Jurisdiction
Australia
Judgment Date
29 November 2016
Procedural Posture
Application for Transfer of Proceedings / Notice of Motion Hearing
Outcome
Defendant's notice of motion dismissed; costs awarded to plaintiff; proceedings adjourned for directions.
Legal Topics
Transfer of Proceedings, Defamation
Practice and Procedure Transfer of Proceedings Defamation

Case Brief

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Parties

Mar Meelis Zaia

Plaintiff

Sargon Eshow

Defendant

Procedural Posture

Application for Transfer of Proceedings / Notice of Motion Hearing

Legal Issues

  1. 1 Whether the interests of justice warrant transfer of proceedings to the Supreme Court of Victoria

Ratio Decidendi

The interests of justice do not warrant transfer where the alleged publication occurred mainly in NSW, most witnesses are NSW residents, procedures in NSW ensure efficient hearing, expenses would increase with transfer, and the defendant's grounds for transfer (health and witnesses) are not persuasive or substantiated.

Court Disposition

Defendant's notice of motion dismissed; costs awarded to plaintiff; proceedings adjourned for directions.

Orders

  • The defendant's notice of motion is dismissed.
  • The defendant is to pay the plaintiff's costs of the notice of motion as agreed or assessed.