King v Fairfax Media Publications Pty Ltd (No 4) [2015] NSWSC 1950

King v Fairfax Media Publications Pty Ltd (No 4) [2015] NSWSC 1950

Discovery category 20 and interrogatories 23 to 25 concerning the handwritten note are not necessary for the determination of the real issues having regard to Civil Procedure Act 2005 (NSW) and Practice Note SC CL 4, and are disallowed. Interrogatories 36(a) and (b) relating to the consultancy agreement are necessary for the resolution of the defendants' truth defence and are allowed. Interrogatory 47 does not meet the necessity requirement and is disallowed.

Jurisdiction
Australia
Judgment Date
11 December 2015
Procedural Posture
Defamation / Ruling on Discovery and Interrogatories (interlocutory)
Outcome
Interlocutory orders on discovery and interrogatories granted in part and denied in part.
Legal Topics
['discovery' 'interrogatories' 'practice Note SC CL 4']
['defamation' 'civil Procedure'] ['discovery' 'interrogatories' 'practice Note SC CL 4']

Case Brief

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Procedural Posture

Defamation / Ruling on Discovery and Interrogatories (interlocutory)

Legal Issues

  1. 1 ['Whether discovery and interrogatories are necessary for resolution of real issues in dispute in a defamation proceeding under practice note SC CL 4 and Civil Procedure Act 2005 (NSW) ss 56-60.' "Whether interrogatories relating to negotiations for a consultancy agreement are appropriate and necessary to support defendants' plea of truth."]

Ratio Decidendi

Discovery category 20 and interrogatories 23 to 25 concerning the handwritten note are not necessary for the determination of the real issues having regard to Civil Procedure Act 2005 (NSW) and Practice Note SC CL 4, and are disallowed. Interrogatories 36(a) and (b) relating to the consultancy agreement are necessary for the resolution of the defendants' truth defence and are allowed. Interrogatory 47 does not meet the necessity requirement and is disallowed.

Court Disposition

Interlocutory orders on discovery and interrogatories granted in part and denied in part.

Orders

  • ['Discovery category 20 disallowed.' 'Interrogatories 23 to 25 disallowed.' 'Interrogatories 36(a) and (b) allowed.' 'Interrogatory 47 disallowed.']