Constantine v Amalgamated Television Services Pty Limited [1999] NSWSC 1250
The contested interrogatories were considered in light of detailed particulars of malice and the necessity standard. Most were allowed for the plaintiff due to the particularised case and potential relevance of admissions; specific interrogatories were disallowed or not pressed as indicated.
- Jurisdiction
- Australia
- Judgment Date
- 17 December 1999
- Procedural Posture
- Defamation / Interlocutory Application Regarding Interrogatories
- Outcome
- Interlocutory orders made regarding interrogatories; each party to pay own costs.
- Legal Topics
- ['interrogatories' 'malice' 'qualified Privilege' 'common Law Privilege']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Defamation / Interlocutory Application Regarding Interrogatories
Legal Issues
- 1 ['Whether the disputed interrogatories should be allowed or disallowed' 'Relevance and necessity of interrogatories in light of pleadings and particulars of malice']
Ratio Decidendi
The contested interrogatories were considered in light of detailed particulars of malice and the necessity standard. Most were allowed for the plaintiff due to the particularised case and potential relevance of admissions; specific interrogatories were disallowed or not pressed as indicated.
Court Disposition
Interlocutory orders made regarding interrogatories; each party to pay own costs.
Orders
- ['The plaintiff is to re-administer interrogatory 20 by 4pm on 7 January 2000.' 'The defendant is to answer the interrogatories in accordance with these reasons by 4pm on 24 January 2000.' 'Each party is to pay its own costs.']
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