Assaf & Anor v Skalkos & Anor [1999] NSWSC 886

Assaf & Anor v Skalkos & Anor [1999] NSWSC 886

Certain contextual imputations (8(i), 8(iii), and 9(i)) are incapable of being conveyed and are not available as defences; others (8(ii) and 9(ii)) are to go to the jury. Contextual imputation 9(iii) is struck out. Orders for further verified answers to specified interrogatories are made, and issues of inspection and confidentiality require proper procedure if disputes remain.

Jurisdiction
Australia
Judgment Date
03 September 1999
Procedural Posture
Defamation / Interlocutory Ruling on Contextual Imputations and Discovery/interrogatories Prior to Trial
Outcome
Interlocutory orders made on contextual imputations, discovery, and interrogatories prior to trial.
Legal Topics
['contextual Imputations' 'capacity' 'form' 'discovery' 'inspection' 'interrogatories']
['defamation'] ['contextual Imputations' 'capacity' 'form' 'discovery' 'inspection' 'interrogatories']

Case Brief

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Procedural Posture

Defamation / Interlocutory Ruling on Contextual Imputations and Discovery/interrogatories Prior to Trial

Legal Issues

  1. 1 ['Whether the contextual imputations pleaded by the defendants are capable of being conveyed by the matters complained of' 'Whether further and better discovery and answers to interrogatories should be ordered' 'Whether claims of confidentiality prevent discovery or inspection']

Ratio Decidendi

Certain contextual imputations (8(i), 8(iii), and 9(i)) are incapable of being conveyed and are not available as defences; others (8(ii) and 9(ii)) are to go to the jury. Contextual imputation 9(iii) is struck out. Orders for further verified answers to specified interrogatories are made, and issues of inspection and confidentiality require proper procedure if disputes remain.

Court Disposition

Interlocutory orders made on contextual imputations, discovery, and interrogatories prior to trial.

Orders

  • ['Contextual imputations 8(i), 8(iii), and 9(i) will not go to the jury.' 'Contextual imputations 8(ii) and 9(ii) will go to the jury.' 'Contextual imputation 9(iii) is struck out.' 'Order 4 of the Notice of Motion (inspection per transcript and Registry documents) is made.' 'Orders 1, 2, and 3 of the Notice of...