SELLMAN v SLATER NO 9 [2020] NZHC 2062

SELLMAN v SLATER NO 9 [2020] NZHC 2062

The Court ordered Mr Graham and FCL to provide further discovery of invoices and documents already encompassed by prior discovery orders because those documents are likely relevant and should have been discovered; the plaintiffs must provide the discovery they offered and must provide disciplinary/investigation material relating to Te Reo Mārama involving Mr Bradbrook; defendants who are non-authors must nevertheless plead particulars capable of proving truth and cannot use discovery to fish for particulars they do not possess.

Citation
[2020] NZHC 2062
Parties
First Plaintiff: John Douglas Sellman; Second Plaintiff: Boyd Anthony Swinburn; Third Plaintiff: Shane Kawenata Frederick Bradbrook; First Defendant: Cameron John Slater; Second Defendant: Carrick Douglas Montrose Graham; Third Defendant: Facilitate Communications Limited; Fourth Defendant: Katherine Rich; Fifth Defendant: New Zealand Food and Grocery Council Inc
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 August 2020
Procedural Posture
Defamation / Pre Trial (oral Examination and Discovery Applications)
Outcome
Plaintiffs' application for further discovery against Mr Graham and FCL granted in part; Mr Graham's and FCL's application against plaintiffs largely declined except for plaintiffs' offered discovery and disciplinary material relating to Te Reo Mārama involving Mr Bradbrook; oral examination completed.
Legal Topics
Particulars in Defence of Truth, Particular Discovery, Oral Examination Under Interrogatories, Pleadings and Scope of Discovery
Defamation Civil Procedure Evidence Discovery Law Particulars in Defence of Truth Particular Discovery Oral Examination Under Interrogatories Pleadings and Scope of Discovery

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Parties

John Douglas Sellman

First Plaintiff

Boyd Anthony Swinburn

Second Plaintiff

Shane Kawenata Frederick Bradbrook

Third Plaintiff

Cameron John Slater

First Defendant

Carrick Douglas Montrose Graham

Second Defendant

Facilitate Communications Limited

Third Defendant

Katherine Rich

Fourth Defendant

New Zealand Food and Grocery Council Inc

Fifth Defendant

Procedural Posture

Defamation / Pre Trial (oral Examination and Discovery Applications)

Legal Issues

  1. 1 Whether Mr Graham and Facilitate Communications Ltd (FCL) must discover invoices and client documents beyond those already produced
  2. 2 Whether the plaintiffs must provide broad discovery of funding, publications and disciplinary records requested by Mr Graham and FCL
  3. 3 Whether defendants who are non-authors must plead particulars capable of proving truth in support of a defence of truth

Ratio Decidendi

The Court ordered Mr Graham and FCL to provide further discovery of invoices and documents already encompassed by prior discovery orders because those documents are likely relevant and should have been discovered; the plaintiffs must provide the discovery they offered and must provide disciplinary/investigation material relating to Te Reo Mārama involving Mr Bradbrook; defendants who are non-authors must nevertheless plead particulars capable of proving truth and cannot use discovery to fish for particulars they do not possess.

Court Disposition

Plaintiffs' application for further discovery against Mr Graham and FCL granted in part; Mr Graham's and FCL's application against plaintiffs largely declined except for plaintiffs' offered discovery and disciplinary material relating to Te Reo Mārama involving Mr Bradbrook; oral examination completed.

Orders

  • Mr Graham and Facilitate Communications Ltd to provide further discovery including invoices and details of services to other clients relevant to the blog posts and comments as already encompassed by prior discovery orders, forthwith if not already provided
  • Plaintiffs to provide the discovery they offered to provide to Mr Graham and FCL forthwith if not already provided