Benhayon v Rockett (No 3) [2018] NSWSC 932

Supreme Court New South Wales

Medium Neutral Citation: Benhayon v Rockett (No 3) [2018] NSWSC 932 Hearing dates: 1 February 2018 Decision date: 20 June 2018 Jurisdiction: Common Law Before: McCallum J Decision: Rulings as to discovery and interrogatories; parties directed to bring in short minutes of order by close of business on 27 June 2018 to reflect these reasons Catchwords: DEFAMATION – interlocutory steps – application for second round of discovery – where plaintiff suing on many publications and many imputations – extensive truth defence Category: Procedural and other rulings Parties: Serge Isaac Benhayon (plaintiff) Esther Mary Rockett (defendant) Representation: Counsel: KP Smark SC, C Wilson (plaintiff) T Molomby SC (defendant)

Solicitors: Universal Law Cameron Bell & Associates (plaintiff) Goldsmiths Lawyers (defendant) File Number(s): 2015/329298 Publication restriction: None

Judgment 1. HER HONOUR: Serge Benhayon is a self-styled "complementary medicine healing practitioner" who propounds a "hands-on complementary healing technique" called Esoteric Healing. Mr Benhayon teaches what he describes as "religious and philosophical principles and a way of living known as 'Universal Medicine' and 'The Way of The Livingness'", carrying on business under the name "Universal Medicine". 2. Esther Rockett attended several healing sessions and other Universal Medicine events in 2004 before forming the view that Mr Benhayon was leading a cult. Since 2012, Ms Rockett has devoted her energies to investigating Universal Medicine and publishing her findings on her blog sites, "Universal Medicine Exposed" and "Esther Rockett - Healthcare Activist". By these proceedings, Mr Benhayon sues Ms Rockett for defamation in respect of her blogs. 3. The scope of the proceedings is large. Mr Benhayon sues on 21 separate publications. The pleading specifies numerous imputations allegedly conveyed by those publications including imputations of sexual predation, indecent assault and sexual abuse, misleading conduct in the promotion of the healing services offered by Universal Medicine, the making of false claims about healing, that Mr Benhayon is delusional, exploitative and dishonest, that he preys on cancer patients, that he dishonestly promotes fraudulent ideas of karma for self-gain, that he manipulated a follower to leave him the bulk of her million-dollar estate and that he is the leader of a socially harmful cult. Ms Rockett has pleaded the defence of truth to almost all of the imputations. 4. In March 2017, Ms Rockett foreshadowed an application for extensive discovery which was ultimately resolved by negotiation. A number of categories initially sought were excepted from the agreed categories. In October 2017, after extensive correspondence about the earlier discovery, Ms Rockett renewed her application for most of the excepted categories and proposed revised descriptions intended to resolve disputes as to existing categories. Mr Benhayon opposes a further round of discovery and opposes most of the particular categories now sought. Ms Rockett also seeks answers to a relatively small number of interrogatories, most of which are also opposed. This judgment determines those contests.