Ajaka v Nine Network Pty Ltd [2022] NSWSC 632

Ajaka v Nine Network Pty Ltd [2022] NSWSC 632

The defendants had possession of a document that would assist in determining whether the plaintiffs were entitled to make a claim for relief, so limited preliminary discovery should be ordered. Given the imminent publication, the possibility of immeasurable and partly irreversible damage if injurious falsehood were established, and the lack of time for full argument, the Court granted only short interim injunctive relief pending further consideration and made suppression orders for material said to be defamatory.

Jurisdiction
Australia
Judgment Date
13 May 2022
Procedural Posture
Application for Preliminary Discovery, Interim Injunctive Relief and Suppression Orders / Interlocutory Application; Ex Tempore Procedural Ruling
Outcome
Parties to provide minute of orders made; preliminary discovery, limited interim injunction and suppression orders granted on limited terms.
Legal Topics
['preliminary Discovery' 'ucpr R 5.3' 'interim Injunction' 'injurious Falsehood' 'suppression and Non Publication Orders']
['civil Procedure' 'defamation' 'equity' 'media Law'] ['preliminary Discovery' 'ucpr R 5.3' 'interim Injunction' 'injurious Falsehood' 'suppression and Non Publication Orders']

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Procedural Posture

Application for Preliminary Discovery, Interim Injunctive Relief and Suppression Orders / Interlocutory Application; Ex Tempore Procedural Ruling

Legal Issues

  1. 1 ['Whether preliminary discovery should be ordered under UCPR r 5.3 because the defendants may have or have had possession of a document or thing that can assist in determining whether the plaintiffs are entitled to make a claim for relief.' 'Whether limited interim injunctive relief should be granted pending full argument in relation to an imminent publication allegedly capable of causing injurious falsehood damage.' 'Whether suppression orders should be made under s 10 of the Court Suppression and Non-publication Orders Act 2010 (NSW).']

Ratio Decidendi

The defendants had possession of a document that would assist in determining whether the plaintiffs were entitled to make a claim for relief, so limited preliminary discovery should be ordered. Given the imminent publication, the possibility of immeasurable and partly irreversible damage if injurious falsehood were established, and the lack of time for full argument, the Court granted only short interim injunctive relief pending further consideration and made suppression orders for material said to be defamatory.

Court Disposition

Parties to provide minute of orders made; preliminary discovery, limited interim injunction and suppression orders granted on limited terms.

Orders

  • ['The document was to be produced to the solicitor for the plaintiffs, with access limited to the solicitors and counsel instructed in the proceedings and with contents not to be disclosed to anyone other than possibly Dr Ajaka to the extent necessary to obtain instructions on deliberate falsity or wilful...