NSW Caselaw
New South Wales Supreme Court
CITATION : AMI Australia Holdings Pty Ltd v Fairfax Media Publications Pty Ltd [2009] NSWSC 1484
HEARING DATE(S) : 8 October 2009 JURISDICTION : Equity Division Expedition List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 9 October 2009
DECISION : Further and better particulars refused. Strike out application dismissed. Further and better (unmasked) discovery granted. Subpoenas set aside in part and upheld in part. Stay refused.
CATCHWORDS : PROCEDURE – application for further and better particulars of defence – defendant not required to give particulars why information not confidential – whether identity of admitted confidential discloser material – application to strike out defence – defence of iniquity to allegations of breach of confidence – where at least arguable that there is no equity in circumstances where disclosure of information is in public interest – where defendant asserts there is a public interest in disclosure – application to set aside subpoenas – relevance – application for further and better discovery – material masked on discovery to avoid disclosure of a confidential source – whether newspaper rule applies to actions for injurious falsehood and breach of confidence – held, newspaper rule does not apply – further and better discovery granted. STAY – in aid of interlocutory appeal – where final hearing imminent - where issue of principles of importance – where no irredeemable prejudice from refusing stay.
LEGISLATION CITED : (NSW) Evidence Act 1995, s 126B (CTH) Parliamentary Privileges Act 1987, s 16
CATEGORY : Procedural and other rulings
Beloff v Pressdram Ltd [1973] 1 All ER 241 British Steel Corporation v Granada Television Ltd [1981] AC 1096 Castrol Australia Pty Ltd v Emtech Associates Pty Ltd & Ors (1980) 51 FLR 184 CASES CITED : Gray v Associated Book Publishers (Australia) Pty Ltd (in liq) [2002] FCA 1045 John Fairfax & Sons Ltd v Cojuangco (1988) 165 CLR 346 NAK Australia Pty Ltd v Starkey Consulting Pty Ltd [2008] NSWSC 1136 Telstra Corporation v Australis Media Holdings (NSWSC McLelland CJ in Eq, 10 February 1997 unreported) Western Australian Newspapers Ltd v Bond [2009] WASCA 127
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