Katz v Welz and Another (22440/2014)
Katz v Welz and Another (22440/2014) [2017] ZAWCHC 135 (7 November 2017)
The court held that discovery in defamation actions is governed by a broad test of relevance, sourced in the issues raised on the pleadings. While the defendants are not required to set out all sources relied upon for the published articles, their defence of fair comment and reasonable publication makes the record of the plaintiff's liquidation and sequestration applications relevant. The request for discovery is not a fishing expedition, provided it is limited to the period prior to publication (July 2012 to July 2014). Statements of account are discoverable, but the plaintiff may redact pri…
Source excerpt
- Defamation
- Discovery
- Privilege
- Reasonable Publication
- Fair Comment
- Fee Notes