Voelte v Australian Broadcasting Corporation (No 3) [2015] NSWSC 1083

Voelte v Australian Broadcasting Corporation (No 3) [2015] NSWSC 1083

Contextual imputation A pleaded by the defendant was struck out as being confusing and bad in form, whilst B and C were retained as arguably conveying a different sense, discovery and interrogatories must be honed to the precise statutory issue relevant to the comment defence under s 31 of the Defamation Act 2005 (NSW), and discovery related to drafts and unedited footage was allowed given the pleaded basis of aggravated damages.

Parties
Plaintiff: Don Voelte; Defendant: Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
17 July 2015
Procedural Posture
Defamation / Second Listing; Procedural and Interlocutory Rulings on Pleadings, Discovery, and Interrogatories
Outcome
Contextual imputation A struck out; objections to B and C rejected; rulings given on discovery and interrogatories; costs of security for costs application refused; orders as specified.
Legal Topics
Contextual Imputations, Discovery, Interrogatories, Comment Defence, Aggravated Damages
Defamation Contextual Imputations Discovery Interrogatories Comment Defence Aggravated Damages

Case Brief

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Parties

Don Voelte

Plaintiff

Australian Broadcasting Corporation

Defendant

Procedural Posture

Defamation / Second Listing; Procedural and Interlocutory Rulings on Pleadings, Discovery, and Interrogatories

Legal Issues

  1. 1 Whether contextual imputation A should be struck out for being bad in form and confusing
  2. 2 Whether contextual imputations B and C should be struck out as adding nothing to the plaintiff's pleaded imputations
  3. 3 Objections to categories for discovery sought by the defendant

Ratio Decidendi

Contextual imputation A pleaded by the defendant was struck out as being confusing and bad in form, whilst B and C were retained as arguably conveying a different sense, discovery and interrogatories must be honed to the precise statutory issue relevant to the comment defence under s 31 of the Defamation Act 2005 (NSW), and discovery related to drafts and unedited footage was allowed given the pleaded basis of aggravated damages.

Court Disposition

Contextual imputation A struck out; objections to B and C rejected; rulings given on discovery and interrogatories; costs of security for costs application refused; orders as specified.

Orders

  • Contextual imputation A struck out
  • Objection to contextual imputations B and C rejected