Doan v Advanced Microdevices Inc

[2004] NSWSC 216

CITATION:

DOAN & ANOR v ADVANCED MICRODEVICES INC & ORS [2004] NSWSC 216

HEARING DATE(S):

28 November 2003

JUDGMENT DATE:

26 March 2004

JUDGMENT OF:

Levine J

DECISION:

1. I decline to order the first and third defendants to provide answers to the interrogatories the subject of the application. I order the plaintiffs to pay the costs of the first and third defendants.; 2. I place the matter in the Registrar's 9am List on Wednesday 31 March 2004.

CATCHWORDS:

Interrogatories - necessity - s7A trial issues

LEGISLATION CITED:

s7A Defamation Act 1974

CASES CITED:

Howard Brown v Australian Broadcasting Corporation (Hunt J, unreported, 6 February 1987)
Esso Australia Resources Ltd v Commissioner of Taxation (1999) 201 CLR 49
Griffith & Ors v Australian Broadcasting Corporation & Ors [2003] NSWSC 298
Howard v Nationwide Publishing Services Pty Ltd (Hunt J, unreported, 26 February 1987)
Palmer v John Fairfax & Sons Ltd (1986) 5 NSWLR 727
Spasojevic v Riznic [1982] 1 NSWLR 278
Webb v Bloch (1928) 41 CLR 331

PARTIES :

NGAT DOAN
(First plaintiff)

TYN ELECTRONICS PTY LTD (FORMERLY KNOWN AS APD INTERNATIONAL PTY LTD)
(Second plaintiff)

v

ADVANCED MICRODEVICES INC
(First defendant)

PENTON MEDIA AUSTRALIA PTY LTD
ACN 095 358 802
(Second defendant)

PAUL BROWN
(Third defendant)

FILE NUMBER(S):

SC 20431 OF 2002

COUNSEL:

P Gray SC
(Plaintiffs)

D Caspersonn
(First defendant)

T Blackburn SC
(Third defendant)

SOLICITORS:

Verekers
(Plaintiffs)

Tress Cocks & Maddox
(First defendant)

Minter Ellison
(Third defendant)

[2004] NSWSC 216

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST

JUSTICE DAVID LEVINE

FRIDAY 26 MARCH 2004

20431 OF 2002

NGAT DOAN
(First plaintiff)

TYN ELECTRONICS PTY LTD (FORMERLY KNOWN AS APD INTERNATIONAL PTY LTD)
(Second plaintiff)

v

ADVANCED MICRODEVICES INC
(First defendant)

PENTON MEDIA AUSTRALIA PTY LTD
ACN 095 358 802
(Second defendant)

PAUL BROWN
(Third defendant)
JUDGMENT (Interrogatories – necessity – s7A trial issues)

1 This is an application by the plaintiff for orders that the first and third defendants answer certain interrogatories delivered in relation to the issue of publication.

2 The nature of the action is as set out in the amended statement of claim filed on 11 July 2003 consequent upon my ruling in the matter [2003] NSWSC 560, 25 June 2003.

3 The area of concern may be exemplified by reproducing paragraph 8 of the pleading that makes the allegation in relation to the publication of the first matter complained of:

8 On or about 6 May 2002, the Defendants published of and concerning the Plaintiffs in New South Wales and in each of the states and territories of Australia the first matter complained of, reproduced as Schedule A.

Particulars of Publication by the First Defendant
The publication of the first matter complained of by the Second Defendant was authorised or intended by the First Defendant, or was the natural and probable result of the First Defendant through its employee John Girvan or otherwise, or through the Third Defendant and/or its solicitors Baker and McKenzie, giving…