Pahuja v TCN Channel Nine Pty Limited (No 2) [2016] NSWSC 1074

Pahuja v TCN Channel Nine Pty Limited (No 2) [2016] NSWSC 1074

The pleadings, while not strong, were not so deficient as to warrant being struck out; the particulars provided, taken at their highest, could sustain the truth defence and gave adequate notice. Leave was granted to allow the plaintiff to provide the recording to the Legal Services Commission, as disclosure would further an ongoing investigation, was not contrary to the interests of justice, and would not subvert the rationale of the non-disclosure rule.

Jurisdiction
Australia
Judgment Date
05 August 2016
Procedural Posture
Defamation Proceedings / Interlocutory Judgment Regarding Strike Out Application and Leave to Use Discovered Document
Outcome
Application to strike out parts of the defence refused; leave granted for plaintiff to use document outside the proceedings.
Legal Topics
['justification Defence' 'striking Out Pleadings' 'use of Discovered Documents' 'court Leave Under UCPR R 21.7']
['defamation' 'civil Procedure'] ['justification Defence' 'striking Out Pleadings' 'use of Discovered Documents' 'court Leave Under UCPR R 21.7']

Case Brief

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Procedural Posture

Defamation Proceedings / Interlocutory Judgment Regarding Strike Out Application and Leave to Use Discovered Document

Legal Issues

  1. 1 ['Whether the particulars pleaded in support of the defence of justification were, taken at their highest, capable of establishing the truth of the imputations alleged by the plaintiff' 'Whether leave should be granted to the plaintiff to use a document (a recording) obtained in the proceedings for purposes outside the conduct of the proceedings, namely, to provide it to the Legal Services Commission for a complaint against a solicitor']

Ratio Decidendi

The pleadings, while not strong, were not so deficient as to warrant being struck out; the particulars provided, taken at their highest, could sustain the truth defence and gave adequate notice. Leave was granted to allow the plaintiff to provide the recording to the Legal Services Commission, as disclosure would further an ongoing investigation, was not contrary to the interests of justice, and would not subvert the rationale of the non-disclosure rule.

Court Disposition

Application to strike out parts of the defence refused; leave granted for plaintiff to use document outside the proceedings.

Orders

  • ['Application to have parts of defence struck out is refused.' "Pursuant to r 21.7 UCPR, leave granted to plaintiff to provide recording marked 'A' in the defendants' Notice to Plaintiff to Answer Interrogatories to the Legal Services Commission of Queensland for investigation of current complaint against a...