Con Ange v Fairfax Media Publications Pty Ltd

Con Ange was the plaintiff in a defamation case against Fairfax Media Publications Pty Ltd, the publisher of the Daily Telegraph. The dispute centred around the adequacy of the plaintiff's supplementary verified list of documents and the need for further discovery. The matter was heard in the Supreme Court of New South Wales.

The primary legal issue before the court was whether the plaintiff's supplementary verified list of documents was adequate and whether the court should set aside its previous order that the plaintiff be cross-examined on his affidavit verifying his discovery list. The court was also required to determine if the admissions and further discovery made by the plaintiff since the previous order had changed the circumstances so significantly that the orders should be set aside.

The court found that the plaintiff's supplementary verified list of documents was not adequate and that the plaintiff had failed to meet his obligations under the discovery rules. The court considered the circumstances that had changed since the previous order, including the plaintiff's admissions and further discovery. The court held that while these changes were relevant, they did not significantly alter the circumstances leading up to the previous orders. Consequently, the court decided not to set aside the previous order that the plaintiff be cross-examined on his affidavit verifying his discovery list.

The court ordered that the plaintiff provide a further supplementary verified list of documents, and that the plaintiff be cross-examined on his affidavit verifying his discovery list. The court also ordered the plaintiff to pay the defendant's costs of the application.