John Fairfax & Sons Pty Ltd v Cojuangco [1988] HCA 54

John Fairfax & Sons Pty Ltd v Cojuangco [1988] HCA 54

The newspaper rule does not apply as a bar to preliminary discovery applications under Pt 3, r. 1; the policy considerations underlying it are relevant but not determinative. The court will order preliminary discovery if it is necessary in the interests of justice to provide an effective remedy. In this case, as the...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Court Decision
Outcome
appeal dismissed with costs
Legal Topics
['preliminary Discovery' 'journalistic Source Disclosure' 'newspaper Rule' 'qualified Privilege' 'public Interest Immunity']
['civil Procedure' 'media Law' 'defamation'] ['preliminary Discovery' 'journalistic Source Disclosure' 'newspaper Rule' 'qualified Privilege' 'public Interest Immunity']

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Procedural Posture

Appeal / Final Court Decision

Legal Issues

  1. 1 ["Whether the newspaper rule prevents preliminary discovery of journalists' sources under Pt 3, r. 1 of the Rules of the Supreme Court of New South Wales" 'Whether considerations of public interest and the effective remedy principle justify ordering disclosure of sources in this context']

Ratio Decidendi

The newspaper rule does not apply as a bar to preliminary discovery applications under Pt 3, r. 1; the policy considerations underlying it are relevant but not determinative. The court will order preliminary discovery if it is necessary in the interests of justice to provide an effective remedy. In this case, as the appellants may plead and succeed on qualified privilege and did not renounce the defence, disclosure of sources was necessary for the respondent to pursue potential remedies against the actual informants. The discretionary decision to order examination and production of documents relating to sources was correct.

Court Disposition

appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs.']