Kermode v Fairfax Media Publications Pty Ltd (No. 2) [2011] NSWSC 646

Kermode v Fairfax Media Publications Pty Ltd (No. 2) [2011] NSWSC 646

The plaintiff is entitled to interrogatories concerning the state of mind and information held by the defendants at time of publication for the honest opinion defence, and to interrogatories on post-publication communications as relevant to damages. The practice in the Defamation List does not preclude these interrogatories in the context of statutory honest opinion, and the efficiency of trial proceedings warrants such pre-trial discovery.

Parties
Plaintiff: Reginald Lionel Kermode; First Defendant: Fairfax Media Publications Pty Ltd; Second Defendant: Fairfax Digital Australia & New Zealand Pty Ltd; Third Defendant: Linton Besser
Jurisdiction
Australia
Judgment Date
27 June 2011
Procedural Posture
Interlocutory Application / Application for Orders for Answers to Interrogatories
Outcome
Defendants directed to answer disputed interrogatories
Legal Topics
Honest Opinion Defence, Interrogatories, Defamation Damages, Common Law Fair Comment
Defamation Civil Procedure Honest Opinion Defence Interrogatories Defamation Damages Common Law Fair Comment

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Parties

Reginald Lionel Kermode

Plaintiff

Fairfax Media Publications Pty Ltd

First Defendant

Fairfax Digital Australia & New Zealand Pty Ltd

Second Defendant

Linton Besser

Third Defendant

Procedural Posture

Interlocutory Application / Application for Orders for Answers to Interrogatories

Legal Issues

  1. 1 Whether defendants should be directed to answer interrogatories relating to state of mind and information held at time of publication for defence of honest opinion under section 31 Defamation Act 2005
  2. 2 Whether interrogatories seeking communications received by defendants post-publication are proper

Ratio Decidendi

The plaintiff is entitled to interrogatories concerning the state of mind and information held by the defendants at time of publication for the honest opinion defence, and to interrogatories on post-publication communications as relevant to damages. The practice in the Defamation List does not preclude these interrogatories in the context of statutory honest opinion, and the efficiency of trial proceedings warrants such pre-trial discovery.

Court Disposition

Defendants directed to answer disputed interrogatories

Orders

  • Defendants are directed to provide further answers to the plaintiff's interrogatories in accordance with these reasons.