Schlaepfer v Australian Securities and Investment Commission [2018] NSWSC 832

Schlaepfer v Australian Securities and Investment Commission [2018] NSWSC 832

On the basis of the scope and particulars of the pleadings, documents and interrogatories relevant to the state of mind and sequence of conduct relating to the matters complained of—particularly those bearing on malice, aggravated damages, and privilege—are to be discovered or answered. The category for internal plaintiff communications should be allowed with modifications to exclude lawyer communications. Costs in respect of the non-existent plaintiff are ordered payable forthwith.

Parties
First Plaintiff: Daniel Schlaepfer; Second Plaintiff: Select Company Incorporated Company Registration Number (Cayman Islands); First Defendant: Australian Securities and Investment Commission; Second Defendant: Greg Yanco
Jurisdiction
Australia
Judgment Date
31 May 2018
Procedural Posture
Defamation and Injurious Falsehood / Interlocutory Rulings on Discovery and Interrogatories
Outcome
Rulings as to discovery and interrogatories; costs order made
Legal Topics
Discovery, Interrogatories, Malice, Qualified Privilege, Injurious Falsehood, Costs
Defamation Civil Procedure Discovery Interrogatories Malice Qualified Privilege Injurious Falsehood Costs

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 3 Party arguments 2
Sign in to unlock

Parties

Daniel Schlaepfer

First Plaintiff

Select Company Incorporated Company Registration Number (Cayman Islands)

Second Plaintiff

Australian Securities and Investment Commission

First Defendant

Greg Yanco

Second Defendant

Procedural Posture

Defamation and Injurious Falsehood / Interlocutory Rulings on Discovery and Interrogatories

Legal Issues

  1. 1 Relevance and scope of discovery categories and interrogatories in defamation and injurious falsehood proceedings
  2. 2 Appropriate modification of categories for discovery of documents and interrogatories based on pleadings and particulars
  3. 3 Entitlement to costs in respect of a non-existent plaintiff

Ratio Decidendi

On the basis of the scope and particulars of the pleadings, documents and interrogatories relevant to the state of mind and sequence of conduct relating to the matters complained of—particularly those bearing on malice, aggravated damages, and privilege—are to be discovered or answered. The category for internal plaintiff communications should be allowed with modifications to exclude lawyer communications. Costs in respect of the non-existent plaintiff are ordered payable forthwith.

Court Disposition

Rulings as to discovery and interrogatories; costs order made

Orders

  • Defendants to produce documents in discovery categories as modified, including communications between Second Defendant and others between 1 November 2014 and 14 December 2014, but excluding communications with lawyers as to category 7;
  • Discovery categories 10, 11, and 12 allowed;