Re Pyne

The matter before the court involved an application by Thomas Alfred Pyne, the Mayor of Cairns, seeking orders against Peter Bosanquet. Pyne alleged that Bosanquet was involved in the distribution of defamatory material regarding Pyne's involvement in a property transaction. The defamatory material included allegations of corruption, suggesting that Pyne had purchased a property from his son and daughter-in-law for $91,000 and subsequently sold it to the government for $175,000. The applicant sought orders for Bosanquet to disclose documents and information related to the source and distribution of the defamatory material. The legal issues the court had to determine were whether Bosanquet was a "mere witness" and if the interests of justice required the making of the sought orders. The court considered precedents such as Norwich Pharmacal Co. v. Customs & Excise Commissioners and the principles discussed in the High Court case of John Fairfax & Sons Limited and Another v. Cojuangco.

The court found that Bosanquet was not a "mere witness" as he had made statements relevant to the defamatory material and had not provided the requested affidavit. The court held that Bosanquet had become "mixed up" in the tortious acts of the person or persons who prepared and published the defamatory material. Therefore, Bosanquet had a duty to assist Pyne in identifying the wrongdoers. The court concluded that the interests of justice required the making of the first order sought, mandating Bosanquet to produce the relevant documents and information. The court adjourned the application for the second order to a later date and ordered that Pyne pay Bosanquet's costs associated with the application.