Rezaiee v Australian Broadcasting Corporation [2014] NSWSC 1120

Rezaiee v Australian Broadcasting Corporation [2014] NSWSC 1120

Interrogatories not relevant to the issues in the pleadings or unnecessary for resolution of those issues are not allowed; plaintiff required to answer defendant's relevant interrogatories regarding his travel to Australia to test credibility of his assertions.

Jurisdiction
Australia
Judgment Date
11 August 2014
Procedural Posture
Interlocutory Application / Determination of Applications Relating to Interrogatories
Outcome
Interlocutory orders made regarding interrogatories; costs order against plaintiff.
Legal Topics
['interrogatories' 'costs' 'publication']
['defamation'] ['interrogatories' 'costs' 'publication']

Case Brief

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Procedural Posture

Interlocutory Application / Determination of Applications Relating to Interrogatories

Legal Issues

  1. 1 ['Whether interrogatories sought by both parties are relevant and necessary to the issues raised on the pleadings' 'Whether the plaintiff should be required to answer certain interrogatories regarding his travel to Australia and alleged involvement with people smuggling']

Ratio Decidendi

Interrogatories not relevant to the issues in the pleadings or unnecessary for resolution of those issues are not allowed; plaintiff required to answer defendant's relevant interrogatories regarding his travel to Australia to test credibility of his assertions.

Court Disposition

Interlocutory orders made regarding interrogatories; costs order against plaintiff.

Orders

  • ['Each party to answer interrogatories, including supplementary answers agreed between the parties, within 28 days in accordance with the reasons given.' "Plaintiff to pay half of the defendant's costs of the plaintiff's motion and argument today." 'Parties directed within three days to approach list clerk for a...