Chief Justice Andrew Bell said the order was not sustained by any jurisdiction of the court because it applies only to parties who are not already defendants.
However, lawyers for the cosmetic surgeon who was originally granted the order have indicated they will try again.Last month, the NSW Supreme Court ordered the media outlets to provide draft copies of an investigation into the cosmetic surgery industry so it could be inspected by lawyers for Double Bay cosmetic surgeon Joseph Ajaka, who believed it may defame him or constitute an injurious falsehood.
On Wednesday, Chief Justice Andrew Bell dismissed the order after noting that the court can only compel a “prospective defendant” to hand over documents in this way, not someone who has already been sued.
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