Oscar Kazal v Fairfax Media Publications Pty Ltd (No 2) [2018] NSWSC 1906

Oscar Kazal v Fairfax Media Publications Pty Ltd (No 2) [2018] NSWSC 1906

Leave was granted to the defendants to amend their defence to add further particulars in support of the truth defence because the proposed particulars, taken as a whole, could plausibly support the pleaded imputation and any potential delay was adequately explained, with no specific prejudice identified by the plaintiff. Rulings on discovery were made balancing necessity, relevance, and proportionality regarding the categories in dispute.

Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Defamation / Interlocutory Application: Leave to Amend Defence and Further Interlocutory Steps
Outcome
Leave granted to file amended defence; interlocutory orders made as to discovery; matter listed for further directions.
Legal Topics
['pleadings' 'amended Defence' 'particulars of Truth' 'discovery' 'interrogatories']
['civil Procedure' 'defamation'] ['pleadings' 'amended Defence' 'particulars of Truth' 'discovery' 'interrogatories']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Interlocutory Application: Leave to Amend Defence and Further Interlocutory Steps

Legal Issues

  1. 1 ['Whether leave should be granted to the defendants to amend their defence to add new particulars in support of the truth defence in defamation proceedings' 'What categories of documents should be discoverable by the plaintiff to the defendants' 'Whether certain interrogatories or discovery categories are necessary and proportionate']

Ratio Decidendi

Leave was granted to the defendants to amend their defence to add further particulars in support of the truth defence because the proposed particulars, taken as a whole, could plausibly support the pleaded imputation and any potential delay was adequately explained, with no specific prejudice identified by the plaintiff. Rulings on discovery were made balancing necessity, relevance, and proportionality regarding the categories in dispute.

Court Disposition

Leave granted to file amended defence; interlocutory orders made as to discovery; matter listed for further directions.

Orders

  • ['Leave granted to defendants to amend their defence.' 'Discovery orders: certain categories allowed, others disallowed or confined as set out in judgment.' 'Interrogatories resolved during argument.' 'Matter listed on Friday for directions.']