Bateman v Fairfax Media Publications Pty Ltd (No 6) [2015] NSWSC 890

Bateman v Fairfax Media Publications Pty Ltd (No 6) [2015] NSWSC 890

Interrogatories will only be allowed if the Court is satisfied they are necessary for the resolution of real issues in dispute, as required by Practice Note SC CL 4 and Uniform Civil Procedure Rules 2005 (NSW), r 22.1; standard interrogatories aimed at preventing surprise to counsel at trial do not meet the test of necessity.

Jurisdiction
Australia
Judgment Date
26 June 2015
Procedural Posture
Defamation / Interlocutory Application – Ruling on Interrogatories
Outcome
Interrogatories allowed in part; specific interrogatories are to be answered as directed, others disallowed.
Legal Topics
['interrogatories' 'practice Note SC CL 4' 'proportionality' 'discovery' 'necessity for Interrogatories']
['defamation' 'civil Procedure'] ['interrogatories' 'practice Note SC CL 4' 'proportionality' 'discovery' 'necessity for Interrogatories']

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Procedural Posture

Defamation / Interlocutory Application – Ruling on Interrogatories

Legal Issues

  1. 1 ['Whether interrogatories should be allowed at this stage of the proceedings' 'Whether interrogatories are necessary for the resolution of real issues in dispute' 'Application of Practice Note (SC CL 4) regarding interlocutory steps' 'Necessity to prevent surprise to counsel at trial as a basis for interrogatories']

Ratio Decidendi

Interrogatories will only be allowed if the Court is satisfied they are necessary for the resolution of real issues in dispute, as required by Practice Note SC CL 4 and Uniform Civil Procedure Rules 2005 (NSW), r 22.1; standard interrogatories aimed at preventing surprise to counsel at trial do not meet the test of necessity.

Court Disposition

Interrogatories allowed in part; specific interrogatories are to be answered as directed, others disallowed.

Orders

  • ['First plaintiff to answer interrogatories 4; 5(a) and (b); 6(a) and (b); 18; 19; 20-24 (with date qualification); 26(d); 46 (unless formal admission as to wealth)' 'Second plaintiff to answer interrogatories 1; 2; 3; 4; 5; 6 (with discovery affidavit qualification); 7; 8; 9(a) and (b); 10(a) and (b); 11; 13 (with...