NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Mosslmani by his tutor Karout v Nationwide News Pty Ltd (No. 2) [2018] NSWDC 113 Hearing dates: 12 April 2018 Date of orders: 12 April 2018 Decision date: 02 May 2018 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Note the plaintiff's discovery issues have been resolved by reason of the Category 2 documents being no longer in dispute. (2) The plaintiff is to discover the following (or if he no longer has a document in his possession, set out the relevant information in Schedule 2 consistent with r 21.3(2)(a)(ii) Uniform Civil Procedure Rules 2005 (NSW), in 28 days:
Categories 1, 2, 5 and 6 (a) Other matters complained of the subject of proceedings; (b) Email, posts and messages from the plaintiff's deactivated Facebook account recording or referring to social media posts, news articles and webpages concerning the plaintiff's haircut; (c) Email, posts and messages referred to or identifiable in the defendant's particulars of the facts and matters relied upon in paragraph 8.3 in relation to the defence of honest opinion and paragraph 10 in relation to the defence of justification.
Category 3 – In addition to the above, documents referring to or concerning the Matter Complained Of, the subject matter of the Matter Complained Of and/or the plaintiff's haircut (including but not limited to the concerns notices and replies).
Category 4 – Documents referring to or concerning any communications or other contact between the plaintiff and/or any person on his behalf and news media organisations concerning an interview about the plaintiff's haircut, including but not restricted to concerns notices and replies to those news media organisations.
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