Rezaiee v Australian Broadcasting Corporation (No 2) [2014] NSWSC 1656

Supreme Court New South Wales

Medium Neutral Citation: Rezaiee v Australian Broadcasting Corporation (No 2) [2014] NSWSC 1656 Hearing dates: 14 November 2014 Decision date: 21 November 2014 Before: McCallum J Decision: Plaintiff's application for leave to disclose or use the defendant's discovered documents 15 to 20 otherwise than for the purposes of the conduct of these proceedings refused Catchwords: PRACTICE AND PROCEDURE - discovery - obligation of a party not to disclose or use discovered documents otherwise than for the purposes of the conduct of the proceedings - covertly obtained audio and video recordings used by investigative journalist for purpose of broadcast - copies obtained as a result of discovery in defamation action - whether leave should be granted to allow copies to be provided to police for purpose of investigation of alleged offences under the Surveillance Devices Act - consideration of competing interests of justice Legislation Cited: Uniform Civil Procedure Rules 2005 Surveillance Devices Act 1999 (Victoria) Surveillance Devices Act 2007 (New South Wales) Cases Cited: Bailey v Australian Broadcasting Corporation (1995) 1 Qd R 476 Hearne v Street [2008] HCA 36; (2008) 235 CLR 125 Category: Interlocutory applications Parties: Mohammad Mehdi Rezaiee (plaintiff) Australian Broadcasting Corporation (defendant) Representation: Counsel: R Rasmussen (plaintiff) ATS Dawson, A Rao (defendant) Solicitors: Jackson Lalic Lawyers (plaintiff) Australian Broadcasting Corporation (defendant) File Number(s): 2012/277583 Publication restriction: Parties to be heard as to continuation of non-publication order