Terry Clout v Alan Jones & Anor [2011] NSWSC 1430

Terry Clout v Alan Jones & Anor [2011] NSWSC 1430

The plaintiff is entitled to interrogate the defendant as to matters relevant to the reasonableness of publication of each imputation, and interrogatories directed separately to each imputation are permissible. Interrogatories 2(j), 16, 17, 18, 19, 20, and 21 are necessary and relevant, whereas interrogatories 9-14 are repetitive and unnecessary.

Jurisdiction
Australia
Judgment Date
25 November 2011
Procedural Posture
Interlocutory Application / Order on Interrogatories
Outcome
Application partly granted
Legal Topics
['interrogatories' 'qualified Privilege' 'aggravated Damages']
['defamation' 'civil Procedure'] ['interrogatories' 'qualified Privilege' 'aggravated Damages']

Case Brief

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Procedural Posture

Interlocutory Application / Order on Interrogatories

Legal Issues

  1. 1 ['Whether answers to specified interrogatories should be ordered' 'Whether interrogatories are necessary within the meaning of Uniform Civil Procedure Rules 2005 r 22.1(4)' 'Scope and legitimacy of interrogatories in defamation proceedings']

Ratio Decidendi

The plaintiff is entitled to interrogate the defendant as to matters relevant to the reasonableness of publication of each imputation, and interrogatories directed separately to each imputation are permissible. Interrogatories 2(j), 16, 17, 18, 19, 20, and 21 are necessary and relevant, whereas interrogatories 9-14 are repetitive and unnecessary.

Court Disposition

Application partly granted

Orders

  • ['Order the first defendant to answer interrogatories 2(j), 16, 17, 18, 19, 20, and 21 by 5pm 30 November 2011.' 'Decline to order the first defendant to answer interrogatories 9 - 14 inclusive.' "Order the first defendant to pay 80 percent of the plaintiff's costs of the application."]