Doe v Fairfax Media Publications Pty Limited [2017] NSWSC 1153

Doe v Fairfax Media Publications Pty Limited [2017] NSWSC 1153

Discovery and interrogatories regarding the defendants' consideration of identification of the plaintiff and reactions by readers are necessary for just resolution and are ordered, notwithstanding the privilege against self-incrimination, by operation of s 87 of the Civil Procedure Act 2005 (NSW), and a certificate under s 87(7) is to be issued to protect the second defendant.

Parties
Plaintiff: Jane Doe; First Defendant: Fairfax Media Publications Pty Limited (ACN 003 357 720); Second Defendant: Michael Bachelard
Jurisdiction
Australia
Judgment Date
30 August 2017
Procedural Posture
Civil / Interlocutory Application
Outcome
interlocutory orders granted in part
Legal Topics
Discovery, Interrogatories, Privilege Against Self Incrimination, Non Publication Orders, Statutory Duty, Breach of Confidence
Practice and Procedure Media Law Privacy Law Discovery Interrogatories Privilege Against Self Incrimination Non Publication Orders Statutory Duty +1 more

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Parties

Jane Doe

Plaintiff

Fairfax Media Publications Pty Limited (ACN 003 357 720)

First Defendant

Michael Bachelard

Second Defendant

Procedural Posture

Civil / Interlocutory Application

Legal Issues

  1. 1 Whether the defendants are required to provide discovery and answer interrogatories despite privilege against self-incrimination and exposure to penalties
  2. 2 Whether interests of justice require discovery and answers to interrogatories regarding identification of plaintiff in publications
  3. 3 Operation and effect of s 87 of Civil Procedure Act 2005 (NSW) and s 578A of Crimes Act 1900 (NSW)

Ratio Decidendi

Discovery and interrogatories regarding the defendants' consideration of identification of the plaintiff and reactions by readers are necessary for just resolution and are ordered, notwithstanding the privilege against self-incrimination, by operation of s 87 of the Civil Procedure Act 2005 (NSW), and a certificate under s 87(7) is to be issued to protect the second defendant.

Court Disposition

interlocutory orders granted in part

Orders

  • Order the defendants to provide discovery of documents evidencing consideration given by the defendants about identification of the plaintiff in the publications.
  • Order the defendants to provide discovery of documents evidencing reactions to the publications referring to the plaintiff by name.