McMahon v John Fairfax Publications Pty Ltd (No. 2) [2011] NSWSC 1373

McMahon v John Fairfax Publications Pty Ltd (No. 2) [2011] NSWSC 1373

The applications to compel further answers were allowed in part. The plaintiff was not required to answer interrogatories seeking his construction of the limited partnership agreement, but was required to give the best answers he could to interrogatories 110(a) and (d) and to answer interrogatories 158 to 160 as confined to the period from 1 July 2005 to the end of 2007. As to the plaintiff's application, interrogatory 11 concerning enquiries before publication was necessary and should be answered, while interrogatories 4, 7, 14 and 16 were not necessary or were repetitive or otherwise inappropriate.

Jurisdiction
Australia
Judgment Date
15 September 2011
Procedural Posture
Defamation Proceedings / Interlocutory Applications for Orders Compelling Answers to Interrogatories
Outcome
Parties directed to bring in short minutes to reflect the reasons; costs of the argument to be costs in the cause.
Legal Topics
['interrogatories' 'qualified Privilege' 'reasonableness of Publication' 'truth Defence']
['defamation' 'civil Procedure'] ['interrogatories' 'qualified Privilege' 'reasonableness of Publication' 'truth Defence']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Applications for Orders Compelling Answers to Interrogatories

Legal Issues

  1. 1 ['Whether the plaintiff should be directed to provide further answers to interrogatories about the partnership structure under which he conducted his legal practice.' 'Whether the plaintiff should be directed to provide further answers identifying superannuation payments not made on time during the 2006 financial year.' "Whether the plaintiff should be directed to provide further answers specifying credit facilities used in the conduct of his practice as a sole trader trading as McMahon's National Lawyers." 'Whether the defendants should be directed to provide further answers to interrogatories concerning intended imputations, beliefs, sources of information, enquiries, source reliability and alterations before publication.']

Ratio Decidendi

The applications to compel further answers were allowed in part. The plaintiff was not required to answer interrogatories seeking his construction of the limited partnership agreement, but was required to give the best answers he could to interrogatories 110(a) and (d) and to answer interrogatories 158 to 160 as confined to the period from 1 July 2005 to the end of 2007. As to the plaintiff's application, interrogatory 11 concerning enquiries before publication was necessary and should be answered, while interrogatories 4, 7, 14 and 16 were not necessary or were repetitive or otherwise inappropriate.

Court Disposition

Parties directed to bring in short minutes to reflect the reasons; costs of the argument to be costs in the cause.

Orders

  • ['I direct the parties to bring in short minutes ti reflect these reasons.' 'I order that costs of the argument be costs in the cause.']