Benhayon v Rockett (No 3)

Case

[2018] NSWSC 932

20 June 2018


Details
AGLC Case Decision Date
Benhayon v Rockett (No 3) [2018] NSWSC 932 [2018] NSWSC 932 20 June 2018

CaseChat Overview and Summary

In the Federal Court, Benhayon sued Rockett for defamation, claiming that Rockett's publications about Benhayon were false and caused him damage. The court had to decide if the plaintiff could discover more documents from the defendant to help prove that the statements were true. The plaintiff argued that he needed to look at more documents to show that what Rockett said was true and not harmful. The defendant said that the plaintiff had already seen enough documents and that looking for more would be a waste of time and money. The court considered that the plaintiff had already seen many documents and needed to show that they were enough to prove the truth of what Rockett said. The court also considered that the plaintiff had not shown that the extra documents would be useful. The court decided that the plaintiff could not have more discovery because he had already seen enough documents and had not shown that more would help his case.

The court also considered that the plaintiff had many claims about different publications and different things that the publications said. The court thought that the plaintiff needed to show that the extra documents would help with all his claims, not just some of them. The court decided that the plaintiff could not have more discovery because he had not shown that the extra documents would help with all his claims. The plaintiff also wanted to talk to more people to get more information. The court thought that the plaintiff had already talked to enough people and needed to show that talking to more people would be useful. The court decided that the plaintiff could not talk to more people because he had already talked to enough people and had not shown that more would help his case.
Details

Areas of Law

  • Defamation

Legal Concepts

  • Interlocutory Orders

  • Discovery & Disclosure

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