Daniels v State of New South Wales (No 5) [2015] NSWSC 1164

Daniels v State of New South Wales (No 5) [2015] NSWSC 1164

The proposed further interrogatories did not satisfy the test of necessity; many were in the nature of cross-examination as to credit and others concerned factual issues obtainable from other sources or matters the plaintiff would make in evidence. Allowing a further round of interrogatories at that stage would trespass upon the principle of proportionality.

Jurisdiction
Australia
Judgment Date
31 July 2015
Procedural Posture
Defamation Proceedings / Interlocutory Application for Leave to Administer Further Interrogatories
Outcome
Leave to administer further interrogatories refused.
Legal Topics
['interrogatories' 'proportionality' 'discovery' 'costs']
['defamation' 'civil Procedure'] ['interrogatories' 'proportionality' 'discovery' 'costs']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Application for Leave to Administer Further Interrogatories

Legal Issues

  1. 1 ['Whether the plaintiff should be granted leave to administer further interrogatories before trial.' 'Whether the proposed further interrogatories were necessary.' 'Whether allowing a further round of interrogatories would be inconsistent with the principle of proportionality in defamation proceedings.']

Ratio Decidendi

The proposed further interrogatories did not satisfy the test of necessity; many were in the nature of cross-examination as to credit and others concerned factual issues obtainable from other sources or matters the plaintiff would make in evidence. Allowing a further round of interrogatories at that stage would trespass upon the principle of proportionality.

Court Disposition

Leave to administer further interrogatories refused.

Orders

  • ['Leave to administer further interrogatories refused.' "The plaintiff is to pay the defendants' costs of, and associated with, the argument."]