SLEEMAN v NATIONWIDE NEWS PTY LTD [2002] NSWSC 826

SLEEMAN v NATIONWIDE NEWS PTY LTD [2002] NSWSC 826

The contract was expressly referred to in the article sued upon and in particulars of malice; this is sufficient to order its production. The defendant's assertion of insufficient particulars does not displace this, but inspection is to be limited to legal advisers due to alleged confidentiality.

Parties
Plaintiff: Richard Sleeman; Defendant: Nationwide News Pty Ltd
Jurisdiction
Australia
Judgment Date
02 September 2002
Procedural Posture
Defamation Proceedings / Interlocutory Application Regarding Discovery and Particulars
Outcome
Interlocutory orders made: defendant to produce document, restricted inspection, plaintiff to further particularise malice allegations, costs ordered against defendant.
Legal Topics
Reply, Express Malice, Adequacy of Particulars, Discovery
Defamation Reply Express Malice Adequacy of Particulars Discovery

Case Brief

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Parties

Richard Sleeman

Plaintiff

Nationwide News Pty Ltd

Defendant

Procedural Posture

Defamation Proceedings / Interlocutory Application Regarding Discovery and Particulars

Legal Issues

  1. 1 Whether the defendant is required to produce the contract referred to in the publication and particulars of malice
  2. 2 Whether the plaintiff's particulars of express malice are sufficiently detailed

Ratio Decidendi

The contract was expressly referred to in the article sued upon and in particulars of malice; this is sufficient to order its production. The defendant's assertion of insufficient particulars does not displace this, but inspection is to be limited to legal advisers due to alleged confidentiality.

Court Disposition

Interlocutory orders made: defendant to produce document, restricted inspection, plaintiff to further particularise malice allegations, costs ordered against defendant.

Orders

  • The defendant is required within 14 days to provide a clean, unedited photocopy of the contract to the plaintiff's solicitors, inspection to be limited to legal advisers until further order.
  • The defendant is to pay the plaintiff's costs.