Cronau v Nelson (No 3) [2018] NSWSC 2019

Cronau v Nelson (No 3) [2018] NSWSC 2019

Given the concerns about the circumstances in which identified individuals read the publications and their relevance to the seriousness and proportionality requirements for defamation claims, it is appropriate to direct that affidavits be provided by those persons, confidentially to the defendant's legal advisors.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Defamation Proceeding / Procedural Ruling on Evidence Required and Adjournment for Directions
Outcome
Directions given; proceedings adjourned for further directions.
Legal Topics
['publication' 'threshold of Seriousness' 'proportionality' 'particulars of Publication' 'affidavits Regarding Readership']
['defamation' 'civil Procedure'] ['publication' 'threshold of Seriousness' 'proportionality' 'particulars of Publication' 'affidavits Regarding Readership']

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Procedural Posture

Defamation Proceeding / Procedural Ruling on Evidence Required and Adjournment for Directions

Legal Issues

  1. 1 ['Whether the plaintiff has established that the allegedly defamatory publications were read by persons within the limitation period' 'Appropriateness of requiring affidavits from identified readers regarding circumstances of reading' 'Relevance of seriousness threshold and proportionality to continuation of action']

Ratio Decidendi

Given the concerns about the circumstances in which identified individuals read the publications and their relevance to the seriousness and proportionality requirements for defamation claims, it is appropriate to direct that affidavits be provided by those persons, confidentially to the defendant's legal advisors.

Court Disposition

Directions given; proceedings adjourned for further directions.

Orders

  • ["The plaintiff is directed to provide an affidavit sworn by each of the persons nominated in the letter from O'Brien Criminal and Civil Solicitors dated 13 December 2018, explaining the circumstances in which he or she read each matter complained of. Such affidavit to be kept confidential to the defendant's legal...