Ell v Milne (No 4) [2012] NSWSC 1540

Ell v Milne (No 4) [2012] NSWSC 1540

The impugned particulars of contextual truth were struck out because, despite the defendant's disavowal of illegality, they raised a false issue precluded by the earlier ruling. The plaintiff was required to give discovery in categories 3 to 7 because donations outside New South Wales were capable of informing the state of mind alleged in contextual imputation 8(a)(i), and a territorial limit was not appropriate on the pleadings. The defendant was not required to give discovery of requests by her for political donations because the connection to the pleaded issues, including qualified privilege, was too remote.

Jurisdiction
Australia
Judgment Date
10 December 2012
Procedural Posture
Defamation Proceedings / Interlocutory Applications Concerning Contextual Truth Particulars and Discovery
Outcome
Interlocutory orders made; plaintiff succeeded on the particulars objection and defendant succeeded on the disputed discovery categories except category 19 sought by the plaintiff was refused.
Legal Topics
['contextual Truth' 'particulars' 'discovery' 'qualified Privilege']
['defamation' 'civil Procedure'] ['contextual Truth' 'particulars' 'discovery' 'qualified Privilege']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Applications Concerning Contextual Truth Particulars and Discovery

Legal Issues

  1. 1 ["Whether the defendant's particulars in support of contextual truth imputation 8(a)(i) should be struck out as trespassing on an earlier ruling refusing a more serious contextual imputation." "Whether the plaintiff should give discovery of categories 3 to 7 of the defendant's requested categories, including documents concerning donations outside New South Wales." 'Whether the defendant should be required to give discovery of documents showing requests by her for political donations in the period 1 January 2003 to 30 March 2010.']

Ratio Decidendi

The impugned particulars of contextual truth were struck out because, despite the defendant's disavowal of illegality, they raised a false issue precluded by the earlier ruling. The plaintiff was required to give discovery in categories 3 to 7 because donations outside New South Wales were capable of informing the state of mind alleged in contextual imputation 8(a)(i), and a territorial limit was not appropriate on the pleadings. The defendant was not required to give discovery of requests by her for political donations because the connection to the pleaded issues, including qualified privilege, was too remote.

Court Disposition

Interlocutory orders made; plaintiff succeeded on the particulars objection and defendant succeeded on the disputed discovery categories except category 19 sought by the plaintiff was refused.

Orders

  • ['The particulars of contextual truth in support of contextual imputation 8(a)(i) set out at [3] of the reasons be struck out.' "The plaintiff give discovery of the categories of documents in paragraphs 3 to 7 of the defendant's categories for discovery by the plaintiff." "The defendant not be required to give...