Chesterton v Radio 2UE Sydney Pyt Ltd [2010] NSWSC 47

Chesterton v Radio 2UE Sydney Pyt Ltd [2010] NSWSC 47

The defendant is not required to produce documents regarding publication of the defamatory matter outside New South Wales, as publication in other jurisdictions constitutes separate causes of action not determined by the jury, and thus cannot be relied upon solely for damages in these proceedings.

Jurisdiction
Australia
Judgment Date
09 February 2010
Procedural Posture
Defamation / Interlocutory/procedural Ruling (motion to Produce Documents)
Outcome
Defendant's objection to the notice to produce upheld in part
Legal Topics
['defamation' 'jurisdiction' 'procedural Law' 'trial by Jury' 'damages']
['tort Law'] ['defamation' 'jurisdiction' 'procedural Law' 'trial by Jury' 'damages']

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/procedural Ruling (motion to Produce Documents)

Legal Issues

  1. 1 ['Whether the defendant is required to produce documents concerning publication of the defamatory matter outside New South Wales in response to a notice to produce']

Ratio Decidendi

The defendant is not required to produce documents regarding publication of the defamatory matter outside New South Wales, as publication in other jurisdictions constitutes separate causes of action not determined by the jury, and thus cannot be relied upon solely for damages in these proceedings.

Court Disposition

Defendant's objection to the notice to produce upheld in part

Orders

  • ['The defendant is not required to produce documents in response to the notice to produce dated 3 February 2010 to the extent that it seeks production of documents relating to publication of the matter complained of outside the State of New South Wales.']