Edwards v Nine Network Australia Pty Ltd (No 3) [2022] FCA 1375

Edwards v Nine Network Australia Pty Ltd (No 3) [2022] FCA 1375

Leave for interrogatories was refused as the application was late, not proportionate, and unlikely to add meaningful evidence; separate determination of defamatory meaning was refused as it would not save time or costs; leave to issue subpoenas on the three witnesses was granted in light of new defence; hurt to feelings evidence may be adduced by affidavit unless cross-examination requested.

Jurisdiction
Australia
Judgment Date
15 November 2022
Procedural Posture
Interlocutory Application in Defamation Proceeding / Interlocutory (case Management Orders Prior to Trial)
Outcome
Application granted in part and otherwise dismissed.
Legal Topics
['interrogatories' 'subpoenas' 'separate Determination' 'hurt to Feelings Evidence' 'case Management']
['practice and Procedure' 'defamation'] ['interrogatories' 'subpoenas' 'separate Determination' 'hurt to Feelings Evidence' 'case Management']

Case Brief

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Procedural Posture

Interlocutory Application in Defamation Proceeding / Interlocutory (case Management Orders Prior to Trial)

Legal Issues

  1. 1 ['Whether to order interrogatories of the respondent at a late stage' 'Whether to allow separate determination of defamatory meaning in advance of liability' 'Whether to grant leave to issue subpoenas on witnesses and the respondent' 'Appropriate means for adducing reputation and hurt to feelings evidence']

Ratio Decidendi

Leave for interrogatories was refused as the application was late, not proportionate, and unlikely to add meaningful evidence; separate determination of defamatory meaning was refused as it would not save time or costs; leave to issue subpoenas on the three witnesses was granted in light of new defence; hurt to feelings evidence may be adduced by affidavit unless cross-examination requested.

Court Disposition

Application granted in part and otherwise dismissed.

Orders

  • ['Respondents to file and serve updated admissions on publication extent by 21 November 2022.' 'Parties to notify intended trial witnesses by 16 November 2022, with later notifications possible for some witnesses.' 'Applicant granted leave to adduce reputation and hurt to feelings evidence by affidavit or, if...