McCrae v Reynolds [2015] FCA 529

McCrae v Reynolds [2015] FCA 529

The Court was satisfied on Mr McCrae's affidavit material that the HotCopper posts by user "zzedzz" may be inaccurate and wrong and/or defamatory of Mr McCrae and/or CuDeco, that Mr McCrae reasonably believed he may have rights of action against the user and Report Card Pty Ltd, and that Report Card Pty Ltd was likely to have documents identifying the user and relating to the relevant posts. The requirements of rr 7.22 and 7.23 were met, so discovery by affidavit was ordered.

Jurisdiction
Australia
Judgment Date
28 May 2015
Procedural Posture
Applications for Preliminary Discovery Under Div 7.3 of the Federal Court Rules 2011 / Orders and Reasons for Judgment
Outcome
Applications granted in part; preliminary discovery ordered and costs reserved.
Legal Topics
['preliminary Discovery' 'identification of Prospective Respondent' 'discovery From Prospective Respondent' 'internet Forum Posts' 'defamation' 'misleading or Deceptive Conduct']
['practice and Procedure'] ['preliminary Discovery' 'identification of Prospective Respondent' 'discovery From Prospective Respondent' 'internet Forum Posts' 'defamation' 'misleading or Deceptive Conduct']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Applications for Preliminary Discovery Under Div 7.3 of the Federal Court Rules 2011 / Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether Wayne Michael McCrae satisfied the requirements for preliminary discovery under r 7.22 to ascertain the description of the person using the username "zzedzz".' 'Whether Wayne Michael McCrae satisfied the requirements for preliminary discovery under r 7.23 against Report Card Pty Ltd.' 'Whether Report Card Pty Ltd should give discovery of documents identifying user "zzedzz" and documents relating to posts made by that user on HotCopper.']

Ratio Decidendi

The Court was satisfied on Mr McCrae's affidavit material that the HotCopper posts by user "zzedzz" may be inaccurate and wrong and/or defamatory of Mr McCrae and/or CuDeco, that Mr McCrae reasonably believed he may have rights of action against the user and Report Card Pty Ltd, and that Report Card Pty Ltd was likely to have documents identifying the user and relating to the relevant posts. The requirements of rr 7.22 and 7.23 were met, so discovery by affidavit was ordered.

Court Disposition

Applications granted in part; preliminary discovery ordered and costs reserved.

Orders

  • ['Pursuant to rr 1.32 and 1.36 of the Federal Court Rules 2011, the orders in this proceeding are made from Chambers.' 'Report Card Pty Ltd give discovery, by affidavit, within 30 days, of all documents relating to identifying the description by name and address of the person or persons placing entries (otherwise...