Mallik v McGeown [2008] NSWSC 129

Mallik v McGeown [2008] NSWSC 129

The Court found that the issues to be determined in this defamation proceeding did not present such unusual or undue difficulty as would prevent a jury from conveniently considering and resolving them. The grounds advanced for dispensing with a jury were not sufficient under s 21(3) of the Defamation Act 2005. Plaintiff's application to dispense with a jury was refused. The Court also ruled that the plaintiff must provide more direct answers to certain interrogatories, granted the third defendant's application to set aside subpoenas as the documents sought were irrelevant, and allowed the plaintiff's notice to produce the certified transcript, with cost conditions imposed.

Parties
Plaintiff: Robin Mallik; 1st Defendant: William McGeown; 2nd Defendant: Hunter Valley Independant Newspaper Pty Ltd; 3rd Defendant: Russel Hawkins
Jurisdiction
Australia
Judgment Date
25 February 2008
Procedural Posture
Defamation / Interlocutory Ruling on Procedural Applications Prior to Trial
Outcome
Plaintiff's application to dispense with jury refused; directions given on interrogatories; third defendant's application to set aside subpoenas granted; notice to produce ordered with cost conditions.
Legal Topics
Dispensing With Jury, Interrogatories, Setting Aside Subpoenas, Notice to Produce, Qualified Privilege, Honest Opinion, Malice, Aggravated Damages
Common Law Defamation Dispensing With Jury Interrogatories Setting Aside Subpoenas Notice to Produce Qualified Privilege Honest Opinion +2 more

Case Brief

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Parties

Robin Mallik

Plaintiff

William McGeown

1st Defendant

Hunter Valley Independant Newspaper Pty Ltd

2nd Defendant

Russel Hawkins

3rd Defendant

Procedural Posture

Defamation / Interlocutory Ruling on Procedural Applications Prior to Trial

Legal Issues

  1. 1 Whether to dispense with jury under s 21 of Defamation Act 2005
  2. 2 Adequacy of plaintiff's answers to interrogatories
  3. 3 Whether subpoenas issued by plaintiff should be set aside

Ratio Decidendi

The Court found that the issues to be determined in this defamation proceeding did not present such unusual or undue difficulty as would prevent a jury from conveniently considering and resolving them. The grounds advanced for dispensing with a jury were not sufficient under s 21(3) of the Defamation Act 2005. Plaintiff's application to dispense with a jury was refused. The Court also ruled that the plaintiff must provide more direct answers to certain interrogatories, granted the third defendant's application to set aside subpoenas as the documents sought were irrelevant, and allowed the plaintiff's notice to produce the certified transcript, with cost conditions imposed.

Court Disposition

Plaintiff's application to dispense with jury refused; directions given on interrogatories; third defendant's application to set aside subpoenas granted; notice to produce ordered with cost conditions.

Orders

  • Plaintiff's application to dispense with jury dismissed.
  • Plaintiff directed to provide more direct answers to specific interrogatories (1,2,3,4,11,15,18,19,20,25,26,28,29,30,31,32,35,36,39,45,10,13,14,17,21,22,23,24,42).