Hatfield v TCN Channel Nine Pty Ltd [2010] NSWCA 69

Reported Decision: 77 NSWLR 506

New South Wales Court of Appeal

CITATION: Hatfield v TCN Channel Nine Pty Ltd [2010] NSWCA 69

HEARING DATE(S): 24 March 2010

JUDGMENT DATE: 8 April 2010

JUDGMENT OF: McColl JA at 1; Young JA at 122; Sackville AJA at 161

DECISION: 1. Leave to appeal granted. 2. Draft notice of appeal in the White Book to stand as the notice of appeal in the proceedings. 3. Appeal dismissed with costs.

CATCHWORDS: PROCEDURE – discovery – preliminary discovery – Uniform Civil Procedure Rules 2005 (NSW) r 5.3(1)(a) – whether appellant may have a claim for relief – asserted claims for interlocutory injunction and defamation – extent to which "fishing" allowed - PROCEDURE – discovery – preliminary discovery – Uniform Civil Procedure Rules 2005 (NSW) r 5.3(1)(a) – whether application for interlocutory injunction a "claim for relief" - PROCEDURE – discovery – preliminary discovery – relevance of likely prospects of success on application for interlocutory injunction on exercise of discretion to order preliminary discovery - INJUNCTIONS – defamation – interlocutory injunction to restrain publication – proposed justification defence – freedom of expression – prior publication of allegedly defamatory imputations - ROYAL COMMISSIONS – evidence – whether statutory prohibition on use of evidence given unwillingly can be waived – Royal Commissions Act 1923 (NSW) s 17(2) - WORDS AND PHRASES – "claim for relief"

Australian Human Rights Commission Act 1986 Civil Procedure Act 2005 (NSW) Common Law Procedure Act 1854 (UK) Defamation Act 2005 (NSW) Evidence Act 1995 (NSW) LEGISLATION CITED: Interpretation Act 1987 (NSW) New Zealand Bill of Rights Act 1990 Royal Commissions Act 1923 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Federal Court Rules Supreme Court Rules 1970 (NSW)