Oueik v Seven West Media Limited [2017] NSWSC 1325

Supreme Court New South Wales

Medium Neutral Citation: Oueik v Seven West Media Limited [2017] NSWSC 1325 Hearing dates: 9 November 2016 Date of orders: 03 October 2017 Decision date: 03 October 2017 Jurisdiction: Common Law Before: Rothman J Decision: (1) The plaintiff's interrogatories [13] and [15] are disallowed;

(2) The Court makes the following orders:

(a) Order suspending the obligation for discovery of Categories [19] and [20] of the defendant's request, until such time as the non-disclosure orders are lifted by the Inquiry.

(b) The Court grants leave to re-agitate the issue if, a reasonable time before the final hearing of these proceedings, the non-disclosure orders have not been lifted.

(3) No order made with regard to defendant's interrogatory [14] and either party may reagitate the issue if an adjudication were to become necessary.

(4) Defendant's interrogatories [15] and [16] are allowed.

(5) Defendant's interrogatories [28] and [29] are disallowed.

(6) Defendant's interrogatories [48]-[53] are disallowed.

(7) Costs to be costs in the cause. Catchwords: DEFAMATION – interrogatories and discovery – strike out pleading – no order to strike out pleading – orders otherwise made Legislation Cited: Defamation Act 2005, s 36 Local Government Act 1993, s 449 Trade Practices Act 1974 Uniform Civil Procedure Rules, r 22.1(3) Cases Cited: A v State of NSW (2007) 230 CLR 500; [2007] HCA 10 Channel Seven Sydney Pty Ltd v Fisher [2015] NSWCA 414 Chong v Nguyen [2005] NSWSC 588 Cummings v Fairfax Digital Australia & New Zealand Pty Limited; Cummings v Fairfax Media Publications Pty Limited [2017] NSWSC 657 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Hayson v John Fairfax Publications Pty Limited [2007] NSWCA 376 Mohammed v Nationwide News Pty Ltd (No 2) [2016] NSWSC 1365 Pelechowski v The Registrar, Court of Appeal (1999) 198 CLR 435; [1999] HCA 19 Williams v Radio 2UE (NSWSC, Levine J, 17 May 1995, unreported) Category: Procedural and other rulings Parties: Ronney Oueik (Plaintiff) Seven West Media Limited (First Defendant) Brian Seymour (Second Defendant) Representation: Counsel: K Smark SC (Plaintiff) M Richardson (First and Second Defendants)