SELLMAN & ORS v SLATER & ORS [2016] NZHC 2542

SELLMAN & ORS v SLATER & ORS [2016] NZHC 2542

Pleadings on the court file are to be released to the journalist once all sets of pleadings have been filed and served and a trial date has been allocated (the point at which pleadings can be anticipated not to need significant amendment), balancing the principle of open justice and freedom of expression against the...

Source-derived case information.

Citation
[2016] NZHC 2542
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 & Grocery Council Incorporated
Court
High Court
Jurisdiction
New Zealand
Judgment Date
25 October 2016
Procedural Posture
Defamation / Interlocutory (application for Access to Court Record Prior to Trial)
Outcome
Interlocutory direction granting limited access to pleadings to the journalist, deferring access to affidavits and other evidence
Legal Topics
Open Justice, Access to Court Files, Fair Trial and Jury Impartiality, Qualified Privilege, Case Management
Defamation Civil Procedure Constitutional Law Open Justice Access to Court Files Fair Trial and Jury Impartiality Qualified Privilege Case Management

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 10 Party arguments 2
Sign in to unlock

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 & Grocery Council Incorporated

Fifth Defendant

Procedural Posture

Defamation / Interlocutory (application for Access to Court Record Prior to Trial)

Legal Issues

  1. 1 Whether a journalist may access the court file before trial
  2. 2 How to balance open justice and freedom of expression against the right to a fair trial and jury impartiality
  3. 3 What parts of the court file (pleadings, affidavits, memoranda) should be released and when

Ratio Decidendi

Pleadings on the court file are to be released to the journalist once all sets of pleadings have been filed and served and a trial date has been allocated (the point at which pleadings can be anticipated not to need significant amendment), balancing the principle of open justice and freedom of expression against the need to protect the fairness of a potential jury trial; affidavits, other evidence and memoranda intimating possible evidence are not to be released at this stage to avoid prejudicing potential jurors.

Court Disposition

Interlocutory direction granting limited access to pleadings to the journalist, deferring access to affidavits and other evidence

Orders

  • All pleadings on the court file are to be released to Ms Ruth Brown once all pleadings have been filed and served and a trial date has been allocated in these proceedings.
  • Access to affidavits, other evidence, and intimations of possible evidence in memoranda of counsel is not to be provided at this stage.