NSW Caselaw
New South Wales Supreme Court
CITATION : Hatfield v TCN Channel Nine Pty Ltd [2010] NSWSC 161
HEARING DATE(S) : 3 March 2010 and 10 March 2010
JUDGMENT DATE : 12 March 2010
JUDGMENT OF : Harrison J
DECISION : The plaintiff's summons is dismissed.
CATCHWORDS : DEFAMATION – preliminary discovery – UCPR 5.3 – plaintiff former constable of police - where plaintiff anticipates that she will be unfavourably portrayed in an upcoming television drama series Underbelly: The Golden Mile to be screened nationally – whether publication of defamatory matter has occurred – whether it appears to the court that the plaintiff may be entitled to make a claim for relief – whether plaintiff unable to obtain sufficient information to decide whether or not to commence proceedings – whether interlocutory injunction would be granted to restrain the broadcast in any event – EVIDENCE – admissibility – tender of transcript of evidence given by the plaintiff at Wood Royal Commission – Royal Commissions Act 1923 s 17 – privilege against self-incrimination – whether privilege waived by formulation of imputations referring to the evidence given in the Royal Commission – whether evidence relevant – whether evidence prejudicial etc – s135 Evidence Act 1995 – discretion to exclude – summons dismissed.
Crimes Act 1900 Defamation Act 2005 LEGISLATION CITED : Evidence Act 1995 Royal Commission (Police Service) Act 1994 Royal Commissions Act 1923
CATEGORY : Procedural and other rulings
Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Bayeh v New South Wales (1999) 108 A Crim R 364 Chappell v TCN Channel Nine Pty Ltd 14 (1988) NSWLR 153 Church of Scientology of California Incorporated v Reader's Digest Services Pty Ltd [1980] 1 NSWLR 344 Harper v Whitby [1978] 1 NSWLR 35 Hartmann v Commissioner of Police (1997) 91 A Crim R 141 CASES CITED : Heartcheck Australia Pty Ltd v Channel 7 Sydney Pty Ltd [2007] NSWSC 555 Hood (1997) 91 A Crim R 526 Ian Edward Morton v Nylex Ltd [2007] NSWSC 562 Naoum v Dannawi [2009] NSWCA 253 R v Bayeh [1999] NSWCCA 82 St George Bank Ltd v Rabo Australia Ltd [2004] FCA 1360; (2004) 211 ALR 147 Standard Chartered Bank v Antico (1993) 36 NSWLR 87 The New South Wales Solicitors Mutual Indemnity Fund v The Hancock Family Memorial Foundation Ltd [No 2] [2009] WASCA 146
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