Goding v Queensland Newspapers Pty Ltd [1965] HCA 33

Goding v Queensland Newspapers Pty Ltd [1965] HCA 33

A special order under O. XXXV, r. 1 should be made because the further interrogatories sought were directed to information relevant to the defamation defences and, in the circumstances, the interests of justice required an opportunity to interrogate further so that the case might be heard on its merits. The proviso establishes a general rule against more than one set of interrogatories but does not deprive the Court of discretion to remedy possible failure of justice caused by mistakes or objections of form.

Jurisdiction
Australia
Procedural Posture
Appeal Arising From a Defamation Action Concerning Leave to Deliver Further Interrogatories / High Court Appeal From an Order of Wanstall J. Refusing to Entertain an Application for Leave to Deliver Further Interrogatories
Outcome
Appeal allowed with costs.
Legal Topics
['interrogatories' 'special Order to Deliver More Than One Set of Interrogatories' 'discretion Under Rules of the Supreme Court of Queensland' 'public Interest Defences to Defamation']
['defamation' 'civil Procedure'] ['interrogatories' 'special Order to Deliver More Than One Set of Interrogatories' 'discretion Under Rules of the Supreme Court of Queensland' 'public Interest Defences to Defamation']

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Procedural Posture

Appeal Arising From a Defamation Action Concerning Leave to Deliver Further Interrogatories / High Court Appeal From an Order of Wanstall J. Refusing to Entertain an Application for Leave to Deliver Further Interrogatories

Legal Issues

  1. 1 ['Whether a special order should be made under O. XXXV, r. 1 of The Rules of the Supreme Court of Queensland permitting the appellants to deliver a further set of interrogatories to the respondent.' 'Whether the requirement for a special order imposed a stringent burden beyond satisfying the judge that the interests of justice required further interrogatories in the circumstances of the particular case.']

Ratio Decidendi

A special order under O. XXXV, r. 1 should be made because the further interrogatories sought were directed to information relevant to the defamation defences and, in the circumstances, the interests of justice required an opportunity to interrogate further so that the case might be heard on its merits. The proviso establishes a general rule against more than one set of interrogatories but does not deprive the Court of discretion to remedy possible failure of justice caused by mistakes or objections of form.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Order of the Supreme Court of Queensland (Wanstall J.) set aside.' 'In lieu thereof order that the plaintiffs have liberty to deliver a further set of interrogatories to the defendant.' 'Such interrogatories be answered within fourteen days after the date of the delivery thereof or within such further time as may...