Wood v Nationwide News Pty Limited (No 2)

Case

[2014] NSWSC 1944

14 November 2014


Details
AGLC Case Decision Date
Wood v Nationwide News Pty Limited (No 2) [2014] NSWSC 1944 [2014] NSWSC 1944 14 November 2014

CaseChat Overview and Summary

In this case, the plaintiff, Wood, sought to challenge an interlocutory order which required him to respond to interrogatories put forward by the defendant, Nationwide News Pty Limited. The dispute revolves around an allegation of defamation, where the defendant seeks to prove that an imputation made in a published article, that the plaintiff murdered a person, is true. The plaintiff had never given a sworn account of his movements on the night of the person's death.

The legal issues before the court were whether the interrogatories were necessary and whether the plaintiff was required to answer them. The plaintiff argued that the interrogatories were not necessary as the defendant could not show that the information sought was not otherwise available. The plaintiff also argued that he was not required to answer the interrogatories, as they would require him to give evidence of events that he could not reasonably be expected to remember.

The court held that the interrogatories were not necessary, as the defendant could not demonstrate that the information sought was not otherwise available. The court further held that the plaintiff was not required to answer the interrogatories, as they would require him to give evidence of events that he could not reasonably be expected to remember. The court found that the plaintiff's failure to give a sworn account of his movements on the night of the person's death did not mean that he was required to answer the interrogatories. The court concluded that the interlocutory order was not appropriate and should be set aside.
Details

Areas of Law

  • Media & Entertainment Law

Legal Concepts

  • Defamation

  • Discovery & Disclosure

  • Admissibility of Evidence

  • Interlocutory Orders

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Cases Citing This Decision

2

Cases Cited

4

Statutory Material Cited

0

Wood v The Queen [2012] NSWCCA 21