Sommerville v Schieb; Horan v Schieb [2024] NSWDC 6

Sommerville v Schieb; Horan v Schieb [2024] NSWDC 6

Mr Sommerville's concerns notice provided sufficient particulars of serious harm as required by the Defamation Act 2005 (NSW); Mr Horan's notice did not, and his later particulars were ineffective as they were outside the statutory period. Mr Horan's proceedings were struck out while Mr Sommerville's continued.

Parties
Plaintiff: Tim Horan; Plaintiff: Brian Sommerville; Defendant: Don Schieb
Jurisdiction
Australia
Judgment Date
31 January 2024
Procedural Posture
Civil / Procedural Ruling—summary Dismissal Application
Outcome
Horan v Schieb dismissed; Sommerville v Schieb continues—adjourned to new hearing date; costs reserved.
Legal Topics
Concerns Notice, Serious Harm, Particularisation, Preliminary Requirements for Defamation, Summary Dismissal
Tort Defamation Concerns Notice Serious Harm Particularisation Preliminary Requirements for Defamation Summary Dismissal

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Parties

Tim Horan

Plaintiff

Brian Sommerville

Plaintiff

Don Schieb

Defendant

Procedural Posture

Civil / Procedural Ruling—summary Dismissal Application

Legal Issues

  1. 1 whether failure to provide particulars of serious harm renders a concerns notice ineffective under Defamation Act 2005 (NSW)
  2. 2 whether particulars of serious harm provided outside the statutory period are permissible or sufficient
  3. 3 whether particulars provided for one plaintiff may assist another's claim

Ratio Decidendi

Mr Sommerville's concerns notice provided sufficient particulars of serious harm as required by the Defamation Act 2005 (NSW); Mr Horan's notice did not, and his later particulars were ineffective as they were outside the statutory period. Mr Horan's proceedings were struck out while Mr Sommerville's continued.

Court Disposition

Horan v Schieb dismissed; Sommerville v Schieb continues—adjourned to new hearing date; costs reserved.

Orders

  • Defendant's Notice of Motion granted in Horan v Schieb (2023/00253298).
  • Proceedings 2023/00253298 struck out and dismissed, with costs reserved.