Creak v Channel Seven Sydney Pty Ltd [2017] NSWSC 213

Creak v Channel Seven Sydney Pty Ltd [2017] NSWSC 213

Interrogatories necessary to Mr Thomas’ state of mind are allowed, as they are relevant to the core issue of misleading and deceptive conduct. Discovery is restricted to documents directly concerning contested facts, with unnecessary discovery and interrogatories on admitted or irrelevant matters refused.

Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Defamation and Misleading/deceptive Conduct Proceedings / Interlocutory Ruling on Discovery and Interrogatories
Outcome
Orders as sought in the short minutes of order, resolving disputes on discovery and interrogatories as per reasons given.
Legal Topics
['discovery' 'interrogatories' 'misleading and Deceptive Conduct' 'practice and Procedure']
['defamation' 'civil Procedure' 'consumer Law'] ['discovery' 'interrogatories' 'misleading and Deceptive Conduct' 'practice and Procedure']

Case Brief

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Procedural Posture

Defamation and Misleading/deceptive Conduct Proceedings / Interlocutory Ruling on Discovery and Interrogatories

Legal Issues

  1. 1 ['Whether further interlocutory steps (discovery and interrogatories) should be granted' 'Appropriate categories for discovery in a defamation proceeding' 'Necessity of interrogatories, particularly regarding the state of mind of an opponent in the context of a misleading and deceptive conduct claim']

Ratio Decidendi

Interrogatories necessary to Mr Thomas’ state of mind are allowed, as they are relevant to the core issue of misleading and deceptive conduct. Discovery is restricted to documents directly concerning contested facts, with unnecessary discovery and interrogatories on admitted or irrelevant matters refused.

Court Disposition

Orders as sought in the short minutes of order, resolving disputes on discovery and interrogatories as per reasons given.

Orders

  • ['Discovery confined to the pleadings as consented by plaintiffs in respect to malice particulars.' 'Discovery of documents evidencing complaints limited to those relating to mileage and quality of vehicles held or owned by the second plaintiff.' "Leave granted to administer interrogatories relating to Mr Thomas'...