Cosco v Hutley [2017] NSWSC 1745

Cosco v Hutley [2017] NSWSC 1745

Discovery of categories 4-8 and 10 and answering interrogatory 9 are necessary and relevant to the factual circumstances underlying the defences of justification and contextual truth, as they may shed light on the plaintiff's financial motives, conduct, and the payment of legal fees, all being pertinent to the issues raised on the pleadings.

Parties
Plaintiff: Anthony Cosco; Defendant: Vanessa Hutley
Jurisdiction
Australia
Judgment Date
08 December 2017
Procedural Posture
Defamation / Interlocutory Application (discovery and Interrogatories)
Outcome
Interlocutory orders granted in part (discovery and interrogatory granted)
Legal Topics
Discovery, Interrogatories, Contextual Imputation, Personal Insolvency
Defamation Civil Procedure Discovery Interrogatories Contextual Imputation Personal Insolvency

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Parties

Anthony Cosco

Plaintiff

Vanessa Hutley

Defendant

Procedural Posture

Defamation / Interlocutory Application (discovery and Interrogatories)

Legal Issues

  1. 1 Whether the plaintiff should be ordered to give discovery of certain categories of documents relating to his finances and communications with the trustee
  2. 2 Whether the plaintiff should be required to answer interrogatory 9 regarding payment of legal fees

Ratio Decidendi

Discovery of categories 4-8 and 10 and answering interrogatory 9 are necessary and relevant to the factual circumstances underlying the defences of justification and contextual truth, as they may shed light on the plaintiff's financial motives, conduct, and the payment of legal fees, all being pertinent to the issues raised on the pleadings.

Court Disposition

Interlocutory orders granted in part (discovery and interrogatory granted)

Orders

  • Plaintiff directed to give discovery of categories 4-8 and 10
  • Plaintiff to answer interrogatory 9