Bailey v WIN Television Pty Ltd (No 2) [2018] NSWSC 1648

Bailey v WIN Television Pty Ltd (No 2) [2018] NSWSC 1648

The contextual imputation that the plaintiff was dismissed from his position was not bad in form because the condition of having been dismissed was sufficiently specific and capable of being defended. In light of Fairfax Media Publications Pty Ltd v Zeccola, the Court was constrained not to strike it out as incapable under s 26, and any question whether it was capable of further harming reputation should ordinarily be left to trial. The disputed interrogatories and discovery categories were then allowed or disallowed according to whether they were necessary, oppressive, too general, directed to a legal conclusion, or consistent with the Practice Note and the Civil Procedure Act 2005 (NSW).

Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Defamation Proceedings / Second Listing; Procedural and Other Rulings on Defence, Discovery and Interrogatories
Outcome
Rulings given as to second listing issues; parties directed to bring in short minutes of order
Legal Topics
['contextual Truth' 'contextual Imputation' 'strike Out' 'interrogatories' 'discovery' 'qualified Privilege' 'publication']
['defamation' 'civil Procedure'] ['contextual Truth' 'contextual Imputation' 'strike Out' 'interrogatories' 'discovery' 'qualified Privilege' 'publication']

Case Brief

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Procedural Posture

Defamation Proceedings / Second Listing; Procedural and Other Rulings on Defence, Discovery and Interrogatories

Legal Issues

  1. 1 ["Whether the defendants' contextual imputation that the plaintiff was dismissed from his position as general manager was bad in form or incapable of meeting s 26 of the Defamation Act 2005 (NSW)." "Whether the contextual imputation was capable of further harming the plaintiff's reputation for the purposes of s 26 of the Defamation Act 2005 (NSW)." 'Whether particular interrogatories and discovery categories sought by the parties should be allowed as necessary and not oppressive.']

Ratio Decidendi

The contextual imputation that the plaintiff was dismissed from his position was not bad in form because the condition of having been dismissed was sufficiently specific and capable of being defended. In light of Fairfax Media Publications Pty Ltd v Zeccola, the Court was constrained not to strike it out as incapable under s 26, and any question whether it was capable of further harming reputation should ordinarily be left to trial. The disputed interrogatories and discovery categories were then allowed or disallowed according to whether they were necessary, oppressive, too general, directed to a legal conclusion, or consistent with the Practice Note and the Civil Procedure Act 2005 (NSW).

Court Disposition

Rulings given as to second listing issues; parties directed to bring in short minutes of order

Orders

  • ['The application to strike out the contextual imputation was rejected.' 'Interrogatory 66 to the plaintiff was not allowed.' 'Discovery category 30 sought by the plaintiff from the first and second defendants was allowed.' 'Discovery category 25 sought from the plaintiff by the third defendant was held oppressive,...