Daniels v State of New South Wales (No 4) [2015] NSWSC 1073

Daniels v State of New South Wales (No 4) [2015] NSWSC 1073

The relevance and proportionality requirements under Practice Note SC CL 4 mean only those interrogatories and discovery categories with sufficient connection to issues in the proceedings are allowed; others are refused where relevance is marginal or premise is unsupported.

Jurisdiction
Australia
Judgment Date
27 March 2015
Procedural Posture
Defamation / Interlocutory Ruling on Discovery and Interrogatories
Outcome
Interlocutory orders made regarding discovery and interrogatories.
Legal Topics
['discovery' 'interrogatories' 'credit' 'state of Mind']
['defamation' 'civil Procedure'] ['discovery' 'interrogatories' 'credit' 'state of Mind']

Case Brief

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Procedural Posture

Defamation / Interlocutory Ruling on Discovery and Interrogatories

Legal Issues

  1. 1 ['Whether certain categories of discovery and interrogatories should be allowed in a defamation proceeding' 'Relevance of interrogatories to credit and state of mind']

Ratio Decidendi

The relevance and proportionality requirements under Practice Note SC CL 4 mean only those interrogatories and discovery categories with sufficient connection to issues in the proceedings are allowed; others are refused where relevance is marginal or premise is unsupported.

Court Disposition

Interlocutory orders made regarding discovery and interrogatories.

Orders

  • ['Defendants give discovery of categories of documents listed in the draft discovery document, as amended.' 'Defendants answer interrogatories 1, 2 (as amended), and interrogatories 5, 6B, 10 and 12 (as amended).']