Day v Harness Racing New South Wales (No 3) [2015] NSWSC 1461

Day v Harness Racing New South Wales (No 3) [2015] NSWSC 1461

The defendant's discovery and interrogatory requests were to be confined to the issues raised by the pleadings. Documents required under categories 2, 8, 9, 10, 11, 12 and 13 were limited to events after 12 September 2013 and to the three named horses, Benzi Marsh, Chevals Charlie and The Twilightdancer; categories...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 October 2015
Procedural Posture
Defamation and Negligent Misstatement / Defendant's Applications for Further Interlocutory Steps at the Second Listing of the Proceedings in the Defamation List After Pleadings Closed
Outcome
Defendant's applications for further interlocutory steps were allowed only in limited and modified form, with the parties directed to bring in short minutes of order reflecting the rulings and the rulings in Day v Harness Racing New South Wales (No 2) [2015] NSWSC 1455 within 7 days.
Legal Topics
['discovery' 'interrogatories' 'interlocutory Steps' 'proportionality' 'defamation List']
['defamation' 'negligent Misstatement' 'civil Procedure'] ['discovery' 'interrogatories' 'interlocutory Steps' 'proportionality' 'defamation List']

Source-derived case record

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Procedural Posture

Defamation and Negligent Misstatement / Defendant's Applications for Further Interlocutory Steps at the Second Listing of the Proceedings in the Defamation List After Pleadings Closed

Legal Issues

  1. 1 ["Whether the defendant's discovery categories should extend to documents relating to the administration of feeds and supplements before 12 September 2013." "Whether the defendant's discovery categories should extend to horses other than Benzi Marsh, Chevals Charlie and The Twilightdancer." "Whether the defendant's discovery categories were oppressive because they were unlimited as to time." 'Whether categories relating to communications should be confined to documents recording the content of communications.' "Whether discovery concerning Winning Edge Supplies Pty Ltd and Mr McDowell's role in that company should instead be addressed by interrogatory." "Whether discovery of documents evidencing or recording each plaintiff's income should be narrowed to income tax returns." 'Whether objections to particular interrogatories should be governed by the same rulings as discovery.']

Ratio Decidendi

The defendant's discovery and interrogatory requests were to be confined to the issues raised by the pleadings. Documents required under categories 2, 8, 9, 10, 11, 12 and 13 were limited to events after 12 September 2013 and to the three named horses, Benzi Marsh, Chevals Charlie and The Twilightdancer; categories 10, 11, 19 and 20 were confined to documents recording the content of communications; categories 17, 18 and 25 were to be addressed by appropriately focused interrogatories; and categories 21 and 22 were narrowed to income tax returns. The same rulings governed objections to interrogatories 7, 11, 12 and 13.

Court Disposition

Defendant's applications for further interlocutory steps were allowed only in limited and modified form, with the parties directed to bring in short minutes of order reflecting the rulings and the rulings in Day v Harness Racing New South Wales (No 2) [2015] NSWSC 1455 within 7 days.

Orders

  • ['Documents required under categories 2, 8, 9, 10, 11, 12 and 13 are confined to documents relating to events after 12 September 2013 and relating to Benzi Marsh, Chevals Charlie and The Twilightdancer.' 'Categories 10, 11, 19 and 20 are confined to documents recording the content of communications.' 'Categories 17...