Evertz v Report Card Pty Ltd [2016] NSWSC 1298

Evertz v Report Card Pty Ltd [2016] NSWSC 1298

The plaintiff had made reasonable inquiries but could not identify the anonymous poster without the defendant's information, and the defendant plainly held information tending to identify the poster. The requirements for preliminary discovery were satisfied, and because the defendant's letter was treated as...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 September 2016
Procedural Posture
Preliminary Discovery / Summons Heard Ex Tempore
Outcome
Order for preliminary discovery made as sought in summons; discovery to be given within fourteen days; plaintiff to notify defendant of the orders by 5pm that day; no order as to costs.
Legal Topics
['preliminary Discovery to Ascertain Identity' 'anonymous Online Publication' 'defamatory Comments' 'costs of Preliminary Discovery']
['civil Procedure' 'defamation'] ['preliminary Discovery to Ascertain Identity' 'anonymous Online Publication' 'defamatory Comments' 'costs of Preliminary Discovery']

Source-derived case record

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

Preliminary Discovery / Summons Heard Ex Tempore

Legal Issues

  1. 1 ['Whether the plaintiff, having made reasonable inquiries, was unable sufficiently to ascertain the identity or whereabouts of the person for the purpose of commencing proceedings against that person.' 'Whether the defendant may have information or possession of a document tending to assist in ascertaining the identity of the person who posted the comments.' 'Whether any order as to costs should be made.']

Ratio Decidendi

The plaintiff had made reasonable inquiries but could not identify the anonymous poster without the defendant's information, and the defendant plainly held information tending to identify the poster. The requirements for preliminary discovery were satisfied, and because the defendant's letter was treated as resisting payment of the plaintiff's costs rather than applying for its own costs, no order as to costs was made.

Court Disposition

Order for preliminary discovery made as sought in summons; discovery to be given within fourteen days; plaintiff to notify defendant of the orders by 5pm that day; no order as to costs.

Orders

  • ['Order 1 in the summons filed 2 August 2016 is made.' 'Discovery be given within fourteen days of 2 September 2016.' 'The plaintiff is directed to notify the defendant of these orders by 5pm on 2 September 2016.' 'No order as to costs.']