KELLY v BURSTON [2021] NSWDC 793

District Court New South Wales

Medium Neutral Citation: KELLY v BURSTON [2021] NSWDC 793 Hearing dates: 15 April 2021 Date of orders: 15 April 2021 Decision date: 15 April 2021 Jurisdiction: Civil Before: Gibson DCJ Decision: Orders: (1) The defendant is to provide the following in answer to the plaintiff's request for further and better discovery: a) Correspondence for which claimed of privilege have been made where the correspondence is not from a solicitor is to be provided in 7 days. (2) The plaintiff is to provide the following in answer to the defendant's request for further and better discovery: (a) The Fair Work Commission documents arising from the claim plaintiff submitted on 17 January 2018, including the deed of settlement. (b) Copy of the plaintiff's PhD qualification, undergraduate degree and PhD thesis. (3) The parties are to provide copies to each other (but not to the Court) of these documents 14 days from today. (4) Matter stood over to the Defamation List for further directions Thursday 13 May 2021 at 9am. Catchwords: PRACTICE AND PROCEDURE – further and better discovery Legislation Cited: UCPR r 21.1(2) & 21.2 Cases Cited: Ange v Fairfax Media Publications Pty Ltd [2010] NSWSC 1200 Duraisamy v Sydney Trains [2019] NSWCA 269 Elanor Operations Pty Ltd v Chief Commissioner of State Revenue [2020] NSWSC 840 Fruehauf Finance Corporation Pty Ltd v Zurich Australia Insurance Ltd (1990) 20 NSWLR 359 Gerard Michael McGuirk v The University of New South Wales [2010] NSWCA 104 Lange v ABC (1997) 189 CLR 520 Lazarus v Deutsche Lufthansa (1985) 1 NSWLR 188 Texts Cited: District Court Defamation List Practice Note 6 Category: Procedural rulings Parties: Plaintiff: Peter James Kelly Defendant: Brian Burston Representation: Plaintiff: self-represented Defendant: self-represented File Number(s): 2020/00029704 Publication restriction: Nil