Tate v Duncan-Strelec [2015] NSWSC 1303

Tate v Duncan-Strelec [2015] NSWSC 1303

Leave to discontinue was granted because the defendant was on notice of the listing and did not appear, and the circumstances indicated that the plaintiff had in effect achieved the practical outcome sought in the defamation action.

Jurisdiction
Australia
Judgment Date
21 August 2015
Procedural Posture
Defamation Action / Notice of Motion for Leave to Discontinue
Outcome
Leave to file notice of discontinuance is granted.
Legal Topics
['summary Disposal' 'discontinuance' 'leave to File Notice of Discontinuance' 'costs' 'non Appearance by Defendant']
['civil Procedure' 'defamation'] ['summary Disposal' 'discontinuance' 'leave to File Notice of Discontinuance' 'costs' 'non Appearance by Defendant']

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Procedural Posture

Defamation Action / Notice of Motion for Leave to Discontinue

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to discontinue the defamation action against the defendant on terms that each party bear his or her own costs.']

Ratio Decidendi

Leave to discontinue was granted because the defendant was on notice of the listing and did not appear, and the circumstances indicated that the plaintiff had in effect achieved the practical outcome sought in the defamation action.

Court Disposition

Leave to file notice of discontinuance is granted.

Orders

  • ['Leave granted to the plaintiff to file in Court the three affidavits of Scott David Eustace sworn 6, 20 and 21 August 2015.' 'Orders sought in prayers 3 and 4 of the notice of motion are made.' 'Leave granted to the plaintiff to file the notice of discontinuance in Court.']