BERAN v CHANNEL SEVEN PTY LTD [2003] NSWSC 272

BERAN v CHANNEL SEVEN PTY LTD [2003] NSWSC 272

Discovery was limited to relevant aspects of the plaintiff’s conduct in drug trials directly related to the falsity of imputations alleged for aggravated damages, subject to period and scope constraints, as broader discovery would be oppressive and irrelevant given the personal nature of the issue and the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 April 2003
Procedural Posture
Defamation / Discovery Application
Outcome
Plaintiff to give limited discovery; defendant's notice of motion dismissed; costs awarded; action listed for directions.
Legal Topics
['discovery' 'aggravated Damages' 'falsity of Imputations']
['defamation' 'civil Procedure'] ['discovery' 'aggravated Damages' 'falsity of Imputations']

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Procedural Posture

Defamation / Discovery Application

Legal Issues

  1. 1 ['Whether the plaintiff is obliged to give discovery relevant to falsity of imputations for aggravated damages in a defamation action' 'Scope and relevance of discovery sought by the defendant' 'Applicability of privilege under Evidence Act 1995 (NSW) s126B']

Ratio Decidendi

Discovery was limited to relevant aspects of the plaintiff’s conduct in drug trials directly related to the falsity of imputations alleged for aggravated damages, subject to period and scope constraints, as broader discovery would be oppressive and irrelevant given the personal nature of the issue and the defendant's failure to justify or raise truth of the imputations.

Court Disposition

Plaintiff to give limited discovery; defendant's notice of motion dismissed; costs awarded; action listed for directions.

Orders

  • ['The plaintiff is to give discovery in accordance with paragraph 37 of these reasons and is to deliver a verified list within 28 days of today.' "The defendant's notice of motion is dismissed." "The defendant is to pay two-thirds of the plaintiff's costs of the motion." "The action is to be listed in the...