Lahoud v Hooper

[2016] NSWCA 11

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Preliminary discovery
3. › Identity of prospective defendant
4. › Exercise of discretion under UCPR r 5.2
5. › Whether discretion miscarried
6. › Whether error of legal principle in weighing public interest against disclosure
7. › Whether weakness of proposed case relevant to interests of justice
8. › Uniform Civil Procedure Rules 2005 (NSW), r 5.2
1. Practice and Procedure
2. › Leave to appeal
3. › Interlocutory decision
4. › Discretionary decision on practice and procedure
5. › Whether error of legal principle or failure to take into account relevant consideration
6. › Standard for grant of leave

Quick Take

The discretion under UCPR r 5.2 to order preliminary discovery requires an overall assessment of the interests of justice, in which the weakness of the proposed case and the public interest in the free flow of information to public authorities are both relevant factors. A finding that an order is 'in the interests of justice' in one respect does not compel the making of the order where countervailing factors exist. The 'newspaper rule' from Cojuangco is merely a rule of practice and its application by analogy to non-journalistic communications to council is far from clear.