Con Ange v Fairfax Media Publications Pty Ltd & Ors [2010] NSWSC 1417

Con Ange v Fairfax Media Publications Pty Ltd & Ors [2010] NSWSC 1417

The supplementary discovery and admissions did not cure the deficiencies previously identified. They did not address business and accounting records, emails or other electronic communications, and the evidence suggested further discoverable documents likely existed, including accounting records held by Mr Ange's accountant and records concerning the businesses with which he was associated. Because Mr Ange continued to instruct that no further documents existed despite careful explanation of his discovery obligations, the Court was not satisfied that full and complete discovery had been given and held that cross-examination on the verifying affidavits remained necessary.

Jurisdiction
Australia
Judgment Date
09 December 2010
Procedural Posture
Procedural and Other Rulings; Application to Vacate Interlocutory Orders Concerning Discovery / Interlocutory Application
Outcome
Application dismissed.
Legal Topics
['obligations of Discovery' 'supplementary Verified List of Documents' 'adequacy of Discovery' 'cross Examination on Affidavit Verifying Discovery' 'vacating Interlocutory Orders' 'contextual Imputations' 'overriding Purpose Under S 56 of the Civil Procedure Act 2005']
['practice and Procedure' 'discovery' 'defamation'] ['obligations of Discovery' 'supplementary Verified List of Documents' 'adequacy of Discovery' 'cross Examination on Affidavit Verifying Discovery' 'vacating Interlocutory Orders' 'contextual Imputations' 'overriding Purpose Under S 56 of the Civil Procedure Act 2005']

Case Brief

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Procedural Posture

Procedural and Other Rulings; Application to Vacate Interlocutory Orders Concerning Discovery / Interlocutory Application

Legal Issues

  1. 1 ['Whether the Court should vacate the interlocutory order made on 4 November 2010 requiring Mr Ange to attend for cross-examination on his affidavit verifying his discovery list.' 'Whether the supplementary list of documents and admissions made after 4 November 2010 so changed the circumstances that continuation of the cross-examination order was no longer in the interests of justice or would not facilitate the overriding purpose.' 'Whether Mr Ange had given full and complete discovery.']

Ratio Decidendi

The supplementary discovery and admissions did not cure the deficiencies previously identified. They did not address business and accounting records, emails or other electronic communications, and the evidence suggested further discoverable documents likely existed, including accounting records held by Mr Ange's accountant and records concerning the businesses with which he was associated. Because Mr Ange continued to instruct that no further documents existed despite careful explanation of his discovery obligations, the Court was not satisfied that full and complete discovery had been given and held that cross-examination on the verifying affidavits remained necessary.

Court Disposition

Application dismissed.

Orders

  • ['Application by the plaintiff to vacate the interlocutory orders of this Court made on 4 November 2010 is dismissed.' "The plaintiff is to pay the defendants' costs of the application of 4 November 2010 and 12 November 2010 in so far as they relate to the issue of adequacy of discovery." 'Order that Mr Ange attend...