Mohareb v Harbour Radio Pty Limited;; Mohareb v Fairfax Media Publications Pty Limited;; Mohareb v State of NSW [2019] NSWSC 270

Mohareb v Harbour Radio Pty Limited;; Mohareb v Fairfax Media Publications Pty Limited;; Mohareb v State of NSW [2019] NSWSC 270

Given the modest claim and problematic causes of action in matter 2018/221230, and judicial resource considerations, proceedings should be transferred to the District Court pursuant to s 146(1) of the Civil Procedure Act 2005 (NSW). The Harbour Radio and Fairfax Media matters, having been before the Supreme Court for a considerable time and nearly ready for trial, are to remain in the Supreme Court.

Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Defamation and Negligence / Ruling on Transfer to District Court
Outcome
Proceedings 2018/221230 ordered to be transferred to the District Court pursuant to s 146(1); Harbour Radio and Fairfax Media Publications matters to remain in the Supreme Court.
Legal Topics
['transfer of Proceedings' 'jurisdiction' 'case Management' 'vexatious Litigants']
['defamation' 'negligence' 'civil Procedure'] ['transfer of Proceedings' 'jurisdiction' 'case Management' 'vexatious Litigants']

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Procedural Posture

Defamation and Negligence / Ruling on Transfer to District Court

Legal Issues

  1. 1 ['Whether proceedings should be transferred from the Supreme Court to the District Court under s 146(1) of the Civil Procedure Act 2005 (NSW)' 'Whether damages likely to be recovered exceed District Court jurisdictional limit' 'Appropriate forum for claims involving questions under Vexatious Proceedings Act 2008 (NSW)' 'Whether claims in negligence and defamation disclose valid causes of action']

Ratio Decidendi

Given the modest claim and problematic causes of action in matter 2018/221230, and judicial resource considerations, proceedings should be transferred to the District Court pursuant to s 146(1) of the Civil Procedure Act 2005 (NSW). The Harbour Radio and Fairfax Media matters, having been before the Supreme Court for a considerable time and nearly ready for trial, are to remain in the Supreme Court.

Court Disposition

Proceedings 2018/221230 ordered to be transferred to the District Court pursuant to s 146(1); Harbour Radio and Fairfax Media Publications matters to remain in the Supreme Court.

Orders

  • ['Proceedings 2018/221230 – Nader Mohareb v State of New South Wales and the Northern Beaches Council to be transferred to the District Court.']