Boland v Dillon; Cush v Dillon (No. 3) [2007] NSWDC 78

New South Wales District Court

CITATION: Boland v Dillon; Cush v Dillon (No. 3) [2007] NSWDC 78

HEARING DATE(S): 13/04/07 EX TEMPORE JUDGMENT DATE : 13 April 2007

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

DECISION: (1) Orders in accordance with paragraphs 1 and 2 of the Notice of Motion setting aside the Notice to Produce returnable 23 March 2007; (2) The plaintiff and defendant are, within 28 days, to give discovery of all documents relevant to disputed issues of fact in the section 7A jury trial (including but not limited to publication) from an inspection of such documents to take place 14 days thereafter; (3) Set the matter down for hearing as a 2 day section 7A jury trial for 5 November 2007.

CATCHWORDS: Defamation – subpoena issued prior to section 7A jury trial – whether documents outside the scope of the section 7A trial sought – whether subpoena objectionable in form, oppressive, a fishing expedition or a substitute for discovery

LEGISLATION CITED: Defamation Act 1974 (NSW) s. 7A

Bailey & Others v Beagle Management Pty Ltd (2001) 105 FCR 136 CASES CITED: New South Wales Commissioner of Police v Tuxford (2002) NSWCA 139 Scott v Nationwide News Pty Ltd (2005) NSWSC 169

Plaintiff: Leslie Boland PARTIES: Plaintiff: Amanda Cush Defendant: Meryl Lurline Dillon

FILE NUMBER(S): 4917/06; 4735/06

COUNSEL: Plaintiffs: P Sibtain Defendant: M Lynch

SOLICITORS: Plaintiffs: Etheringtons Solicitors Defendant: Banki Haddock Fiora Lawyers

1 HER HONOUR: The defendant by way of notice of motion filed on 21 March 2007 seeks the following orders: 1. The notice to produce issued at the request of the plaintiff dated 14 March 2007 be set aside on the grounds that: