Con Ange v Fairfax Media Publications Pty Ltd & Ors [2010] NSWSC 1200

Con Ange v Fairfax Media Publications Pty Ltd & Ors [2010] NSWSC 1200

The Court granted leave to cross-examine the plaintiff because there were reasonable grounds for being fairly certain that relevant documents beyond the newspaper articles listed had not been disclosed. The plaintiff was associated with extensive adult product and pornography businesses, taxation and corporations laws required retention of financial and corporate records, emails and other records would reasonably be expected, and it was highly improbable that no such documents were in his possession, power or control. Because the plaintiff's solicitor had properly and repeatedly explained the discovery obligations, and the verified list was wholly inadequate, a further verified list was...

Jurisdiction
Australia
Judgment Date
12 November 2010
Procedural Posture
Defamation Proceedings / Interlocutory Discovery Application; Reasons for Orders Granting Leave to Cross Examine the Plaintiff on His Affidavit Verifying Discovery
Outcome
Leave granted to counsel for the defendants to cross-examine the plaintiff in respect of his affidavit relating to discovery of documents; defendants' discovery motion adjourned; costs reserved.
Legal Topics
['discovery' 'verified List of Documents' 'adequacy of Discovery' 'cross Examination on Affidavit Verifying Discovery' 'further and Better Discovery']
['practice and Procedure' 'defamation' 'civil Procedure'] ['discovery' 'verified List of Documents' 'adequacy of Discovery' 'cross Examination on Affidavit Verifying Discovery' 'further and Better Discovery']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Proceedings / Interlocutory Discovery Application; Reasons for Orders Granting Leave to Cross Examine the Plaintiff on His Affidavit Verifying Discovery

Legal Issues

  1. 1 ["Whether the plaintiff's verified list of documents was inadequate." 'Whether there were reasonable grounds for being fairly certain that other relevant documents ought to have been disclosed.' 'Whether the plaintiff should be given another opportunity to provide a further verified list of documents instead of being cross-examined.' 'Whether leave should be granted to cross-examine the plaintiff on his affidavit verifying discovery.']

Ratio Decidendi

The Court granted leave to cross-examine the plaintiff because there were reasonable grounds for being fairly certain that relevant documents beyond the newspaper articles listed had not been disclosed. The plaintiff was associated with extensive adult product and pornography businesses, taxation and corporations laws required retention of financial and corporate records, emails and other records would reasonably be expected, and it was highly improbable that no such documents were in his possession, power or control. Because the plaintiff's solicitor had properly and repeatedly explained the discovery obligations, and the verified list was wholly inadequate, a further verified list was...

Court Disposition

Leave granted to counsel for the defendants to cross-examine the plaintiff in respect of his affidavit relating to discovery of documents; defendants' discovery motion adjourned; costs reserved.

Orders

  • ['The plaintiff, Mr Con Ange, is to attend court to give evidence at 10am on Friday, 12 November 2010.' "Grant leave to counsel for the defendants to cross-examine the plaintiff, Mr Con Ange, on that day in respect of the plaintiff's affidavit of 6 August 2010 relating to discovery of documents." 'In the event the...