Federal Court of Australia
Federal Court of Australia
Hewson v TCN Channel Nine Pty Ltd [2021] FCA 389 File number(s): NSD 697 of 2020
Judgment of: WIGNEY J
Date of judgment: 18 March 2021
Date of publication of reasons: 26 April 2021
Catchwords: PRACTICE AND PROCEDURE – respondents' interlocutory application to amend defence – altering of proper material – whether amendments would cause prejudice to applicant – whether delay in making application satisfactorily explained – whether amendments would assist the proper adjudication of real questions in controversy – where amendments were minor and found to not cause prejudice to the applicant – where amendments not remediable by costs order – leave to amend defence granted DEFAMATION – applicant's interlocutory application to set aside subpoena – subpoena relevant to aggravated damages – whether truth or falsity of imputations in issue – whether legitimate forensic purpose or abuse of process – whether relevant to proper issue raised by pleadings – subpoena partly set aside
Legislation: Defamation Act 2005 (NSW), s 31(3)
Cases cited: Alister v The Queen (1984) 154 CLR 404 Becwell Legal Services Pty Ltd v McMaster [2011] FCA 1501 FUD18 v Minister for Home Affairs [2019] FCA 1858 National Employers' Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 47
Date of hearing: 18 March 2021
Counsel for the Applicant: Mr T Blackburn SC with Ms C Amato
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