Liu v The Age Company Pty Limited (No 2) [2015] NSWSC 276

Liu v The Age Company Pty Limited (No 2) [2015] NSWSC 276

Upon the defendants' formal undertaking not to rely upon any defence of qualified privilege in the defamation proceedings, the plaintiff has an effective remedy against the defendants, making preliminary discovery to identify sources unnecessary; the application to stay is not an abuse of process, and the stay should be granted, subject to costs.

Jurisdiction
Australia
Judgment Date
23 March 2015
Procedural Posture
Application to Stay Preliminary Discovery Order / Post Appeal, Determination of Stay Pending Costs Application
Outcome
Order for preliminary discovery is stayed
Legal Topics
['preliminary Discovery' 'qualified Privilege' "journalists' Sources" 'abuse of Process' 'modern Litigation Principles']
['practice and Procedure' 'defamation'] ['preliminary Discovery' 'qualified Privilege' "journalists' Sources" 'abuse of Process' 'modern Litigation Principles']

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Procedural Posture

Application to Stay Preliminary Discovery Order / Post Appeal, Determination of Stay Pending Costs Application

Legal Issues

  1. 1 ['Whether a preliminary discovery order should be stayed after defendants undertake not to rely on qualified privilege' 'Whether the application to stay amounts to an abuse of process' 'Whether the plaintiff has an effective remedy against the defendants without preliminary discovery']

Ratio Decidendi

Upon the defendants' formal undertaking not to rely upon any defence of qualified privilege in the defamation proceedings, the plaintiff has an effective remedy against the defendants, making preliminary discovery to identify sources unnecessary; the application to stay is not an abuse of process, and the stay should be granted, subject to costs.

Court Disposition

Order for preliminary discovery is stayed

Orders

  • ["Upon the giving by each defendant of an undertaking to the Court not to rely upon any defence of qualified privilege in proceedings 2011/36003, the order for preliminary discovery made 1 February 2012 and entered 2 February 2012 is stayed pending the determination of the plaintiff's application for costs."]