KELLY v BURSTON [2021] NSWDC 793

KELLY v BURSTON [2021] NSWDC 793

Orders for further and better discovery are made only for specific categories of documents shown to be relevant to facts in issue, and not for broad or oppressive requests; only limited discovery has been ordered as justified for resolving issues in the pleadings.

Parties
Plaintiff: Peter James Kelly; Defendant: Brian Burston
Jurisdiction
Australia
Judgment Date
15 April 2021
Procedural Posture
Civil / Procedural Ruling on Discovery
Outcome
Partial grant of requests for further and better discovery; limited discovery orders made; matter stood over for directions.
Legal Topics
Discovery, Defamation
Civil Procedure Discovery Defamation

Case Brief

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Parties

Peter James Kelly

Plaintiff

Brian Burston

Defendant

Procedural Posture

Civil / Procedural Ruling on Discovery

Legal Issues

  1. 1 Whether further and better discovery should be ordered for specified categories of documents relevant to defamation proceedings

Ratio Decidendi

Orders for further and better discovery are made only for specific categories of documents shown to be relevant to facts in issue, and not for broad or oppressive requests; only limited discovery has been ordered as justified for resolving issues in the pleadings.

Court Disposition

Partial grant of requests for further and better discovery; limited discovery orders made; matter stood over for directions.

Orders

  • The defendant is to provide correspondence not from a solicitor for which privilege claims have been made in 7 days.
  • The plaintiff is to provide Fair Work Commission documents (including deed of settlement) submitted on 17 January 2018 and copies of PhD qualification, undergraduate degree, and thesis.