Pahuja v TCN Channel Nine Pty Limited (No 2) [2016] NSWSC 1074

Supreme Court New South Wales

Medium Neutral Citation: Pahuja v TCN Channel Nine Pty Limited (No 2) [2016] NSWSC 1074 Hearing dates: 10 March 2016, 29 July 2016 Date of orders: 18 March 2016 Decision date: 05 August 2016 Jurisdiction: Common Law Before: McCallum J Decision: Publication of reserved reasons for refusing plaintiff's application to have parts of defence struck out; leave granted to plaintiff to use a document obtained during the course of the proceedings otherwise than for the purposes of the conduct of the proceedings Catchwords: DEFAMATION – defence of justification – application by plaintiff to have parts of defence struck out – whether particulars taken at their highest capable of establishing truth of imputations – principles relating to the provision of particulars in civil cases

PROCEDURE – obligation not to use a discovered document otherwise than for the purposes of the conduct of the proceedings without leave of the court – defamation action arising out of broadcast featuring secretly-recorded meeting between plaintiff, a migration agent and the agent's client allegedly made with the cooperation of the agent and without the knowledge or consent of the plaintiff or the client – where migration agent also a solicitor – application by plaintiff for leave to provide recording to Legal Services Commission for purpose of investigation of a complaint against the solicitor Legislation Cited: Defamation Act 2005 (NSW), s 25 Legal Profession Act 2007 (Qld), s 705 Uniform Civil Procedure Rules, r 21.7 Cases Cited: British American Tobacco Services Ltd v Cowell (No 2) [2013] VFCA 43; 8 VR 571 Brooks v Fairfax Media Publications Pty Ltd (No 2) 2015 NSWSC 1331 Gallagher v Destiny Publications Pty Ltd (No 2) [2015] WASC 475 Hayson v John Fairfax Publications Pty Ltd [2007] NSWCA 376 Hearne v Street [2008] HCA 36; 35 CLR 125 Northam v Favelle Favco Holdings (Supreme Court (NSW), 7 March 1995, unrep) Rothe v Scott (No 2) [2015] NSWDC 143 TCN Channel Nine Pty Ltd v Berrigan (Court of Appeal (WA), 17 June 1996, unrep) State of New South Wales v McCarthy [2015] NSWSC 1780 Rezaiee v Australian Broadcasting Corporation (No 2) [2014] NSWSC 1656 Texts Cited: Isaac Newton, Philosophiae Naturalis Principia Mathematica (1687) Category: Procedural and other rulings Parties: Sunhil Pahuja (plaintiff) TCN Channel Nine Pty Limited (first defendant) Nine Network Australia Pty Limited (second defendant) Ninemsn Pty Limited (third defendant) Jesse Grayson (fourth defendant) Representation: Counsel: K Smark SC (plaintiff) B R McClintock SC, M Richardson (defendants)