Day v Harness Racing New South Wales (No 2) [2015] NSWSC 1455

Day v Harness Racing New South Wales (No 2) [2015] NSWSC 1455

Plaintiffs have not demonstrated need for discovery concerning urine sample analysis or scientific premise underlying cobalt regulation due to insufficiently pleaded factual grounds. Discovery and interrogatories regarding readership and publication scope of press releases are allowed due to relevance in a specialised industry. Interrogatories seeking grounds for defendant's belief of recipients' interest are misconceived and are matters for particulars, not interrogation.

Parties
First Plaintiff: Neil Anthony Day; Second Plaintiff: Dean Albert McDowell; Defendant: Harness Racing New South Wales
Jurisdiction
Australia
Judgment Date
02 October 2015
Procedural Posture
Defamation, Interlocutory Application / Ruling on Discovery and Interrogatories
Outcome
Application for further discovery concerning urine sample analysis and scientific premise dismissed; application for discovery and interrogatories regarding publication scope granted in part; certain interrogatories allowed, others refused.
Legal Topics
Discovery, Interrogatories, Proportionality, Defamation List Practice Note
Defamation Civil Procedure Discovery Interrogatories Proportionality Defamation List Practice Note

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Parties

Neil Anthony Day

First Plaintiff

Dean Albert McDowell

Second Plaintiff

Harness Racing New South Wales

Defendant

Procedural Posture

Defamation, Interlocutory Application / Ruling on Discovery and Interrogatories

Legal Issues

  1. 1 Entitlement to interlocutory discovery regarding accuracy of urine sample analysis
  2. 2 Applicability of evidentiary certificate clause in the Australian Harness Racing Rules
  3. 3 Need for further interlocutory steps post-pleadings

Ratio Decidendi

Plaintiffs have not demonstrated need for discovery concerning urine sample analysis or scientific premise underlying cobalt regulation due to insufficiently pleaded factual grounds. Discovery and interrogatories regarding readership and publication scope of press releases are allowed due to relevance in a specialised industry. Interrogatories seeking grounds for defendant's belief of recipients' interest are misconceived and are matters for particulars, not interrogation.

Court Disposition

Application for further discovery concerning urine sample analysis and scientific premise dismissed; application for discovery and interrogatories regarding publication scope granted in part; certain interrogatories allowed, others refused.

Orders

  • Discovery and interrogatories allowed in relation to communications and download numbers of press releases (categories 11 and 12, interrogatories 9 and 20); interrogatories 7 and 18 allowed; interrogatories 8 and 19 refused; categories 13 and 14 discovery refused; discovery for categories 15 and 16 and certain...