Mohareb v Harbour Radio Pty Ltd; Mohareb v Fairfax Media Publications Pty Ltd [2018] NSWSC 1992

Mohareb v Harbour Radio Pty Ltd; Mohareb v Fairfax Media Publications Pty Ltd [2018] NSWSC 1992

The defences of truth were not struck out because the matters determined previously under the Vexatious Proceedings Act did not amount to an issue estoppel or abuse of process regarding the broader issues and materials now in dispute. Leave was granted for defendants to administer interrogatories and require discovery verification due to the plaintiff's argumentative and voluminous documents. The subpoena to NSW Police was not an abuse of process; it sought legitimately relevant material. Plaintiff's further amendments to imputations in the Fairfax proceedings were refused as untimely and incapable of arising on the pleaded facts.

Parties
Plaintiff: Nader Mohareb; First Defendant (2017/25606): Harbour Radio Pty Ltd; Second Defendant (2017/25606): Ray Hadley; Third Defendant (2017/25606 and 2017/35614): The State of New South Wales; First Defendant (2017/35614): Fairfax Media Publications Pty Ltd; Second Defendant (2017/35614): Louise Hall
Jurisdiction
Australia
Judgment Date
20 December 2018
Procedural Posture
Defamation; Interlocutory (procedural) Applications / Interlocutory, Procedural Ruling on Strike Out Application, Discovery/interrogatories, Subpoena, and Amendment of Pleadings
Outcome
Applications by plaintiff to strike out defences, set aside subpoena, and amend imputations dismissed. Applications by defendants for discovery/interrogatories and verification granted. Proceedings stood over.
Legal Topics
Defence of Truth in Defamation, Issue Estoppel, Abuse of Process, Pleadings, Interrogatories, Discovery, Subpoenas, Amendment of Pleadings
Civil Procedure Defamation Defence of Truth in Defamation Issue Estoppel Abuse of Process Pleadings Interrogatories Discovery +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2
Sign in to unlock

Parties

Nader Mohareb

Plaintiff

Harbour Radio Pty Ltd

First Defendant (2017/25606)

Ray Hadley

Second Defendant (2017/25606)

The State of New South Wales

Third Defendant (2017/25606 and 2017/35614)

Fairfax Media Publications Pty Ltd

First Defendant (2017/35614)

Louise Hall

Second Defendant (2017/35614)

Procedural Posture

Defamation; Interlocutory (procedural) Applications / Interlocutory, Procedural Ruling on Strike Out Application, Discovery/interrogatories, Subpoena, and Amendment of Pleadings

Legal Issues

  1. 1 Whether defences of truth to defamation claims should be struck out as issue estoppel or abuse of process due to prior Vexatious Proceedings Act decision
  2. 2 Whether defendants should be permitted to administer interrogatories and require discovery verification
  3. 3 Whether subpoena issued by Fairfax to NSW Police should be set aside as an abuse of process

Ratio Decidendi

The defences of truth were not struck out because the matters determined previously under the Vexatious Proceedings Act did not amount to an issue estoppel or abuse of process regarding the broader issues and materials now in dispute. Leave was granted for defendants to administer interrogatories and require discovery verification due to the plaintiff's argumentative and voluminous documents. The subpoena to NSW Police was not an abuse of process; it sought legitimately relevant material. Plaintiff's further amendments to imputations in the Fairfax proceedings were refused as untimely and incapable of arising on the pleaded facts.

Court Disposition

Applications by plaintiff to strike out defences, set aside subpoena, and amend imputations dismissed. Applications by defendants for discovery/interrogatories and verification granted. Proceedings stood over.

Orders

  • The plaintiff's application to have the defences struck out is dismissed.
  • The defendants have leave to administer interrogatories to the plaintiff in the form of Annexure A of the affidavit of Timothy Senior affirmed on 23 November 2017.