Molan v Dailymail.com Australia Pty Limited [2021] FCA 336

Federal Court of Australia

Molan v Dailymail.com Australia Pty Limited [2021] FCA 336 File number: NSD 1023 of 2020

Judgment of: BROMWICH J

Date of judgment: 8 April 2021

Catchwords: DEFAMATION – proceeding in respect of one online newspaper publication and two related tweets – where both applicant and respondent seek discovery and interrogatories of one another – whether disputed interrogatories proposed by applicant are sufficiently directed towards respondent's defence – whether interrogatories of the respondent are necessary for the resolution of the real issues in dispute – held: with the benefit of a concession by the respondent, disputed interrogatories of the respondent are not necessary and are not allowed – whether disputed discovery categories directed to applicant are too broad and uncertain – where respondent entitled to test the completeness of the communications produced by the applicant in her outline of evidence – held: with qualifications, discovery categories directed to applicant allowed – whether disputed interrogatories of the applicant are necessary – where applicant has indicated that she will give evidence and will be able to be cross-examined – where proposed interrogatories open up the respondent's case – held: disputed proposed interrogatories of the applicant not demonstrated to be necessary

Legislation: Defamation Act 2005 (NSW) ss 25, 26, 30, 31, 36 Evidence Act 1995 (Cth) s 36 Federal Court Rules 2011 (Cth) r 20.11 Defamation Practice Note (DEF-1)

Cases cited: Chapman v Luminis Pty Ltd [2000] FCA 1120; 104 FCR 368 Hanson-Young v Leyonhjelm (No 2) [2019] FCA 393 Morey v Transurban City Link Limited [1997] ATPR 41-571 Stead v Fairfax Media Publications Pty Ltd [2021] FCA 15 Voelte v Australian Broadcasting Corporation (No 3) [2015] NSWSC 1083