Sawires v Price [2022] NSWDC 390

Sawires v Price [2022] NSWDC 390

As the plaintiff has not been released from the implied undertaking given in the Local Court regarding documents obtained under subpoena, and as his application for release was refused, he cannot lawfully proceed with the defamation claim based on that material. This constitutes an abuse of process. The proceedings are therefore permanently stayed and indemnity costs awarded to the defendant.

Parties
Plaintiff: Mr Emad Sawires; Defendant: Ms Christie Price
Jurisdiction
Australia
Judgment Date
01 September 2022
Procedural Posture
Civil Defamation / Hearing of Defendant's Application for Permanent Stay and Indemnity Costs
Outcome
Proceedings permanently stayed. Plaintiff to pay defendant's costs on an indemnity basis.
Legal Topics
Defamation, Abuse of Process, Use of Subpoenaed Documents, Implied Undertaking, Indemnity Costs, Permanent Stay
Tort Civil Procedure Defamation Abuse of Process Use of Subpoenaed Documents Implied Undertaking Indemnity Costs Permanent Stay

Case Brief

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Parties

Mr Emad Sawires

Plaintiff

Ms Christie Price

Defendant

Procedural Posture

Civil Defamation / Hearing of Defendant's Application for Permanent Stay and Indemnity Costs

Legal Issues

  1. 1 Whether proceedings for defamation can proceed based on documents obtained under subpoena without leave of the producing court
  2. 2 Whether the proceedings should be permanently stayed as an abuse of process
  3. 3 Whether indemnity costs should be awarded

Ratio Decidendi

As the plaintiff has not been released from the implied undertaking given in the Local Court regarding documents obtained under subpoena, and as his application for release was refused, he cannot lawfully proceed with the defamation claim based on that material. This constitutes an abuse of process. The proceedings are therefore permanently stayed and indemnity costs awarded to the defendant.

Court Disposition

Proceedings permanently stayed. Plaintiff to pay defendant's costs on an indemnity basis.

Orders

  • Plaintiff did not contact or attend the court and was unsuccessfully contacted twice by telephone.
  • Pursuant to s 67 of the Civil Procedure Act 2005 (NSW), these proceedings are permanently stayed.