A court order that would have forced The Sydney Morning Herald, The Age and 60 Minutes to hand over draft copies of an investigation into the cosmetic surgery industry has been overturned.
to hand over draft copies of an investigation into the cosmetic surgery industry by Gold Walkley award-winner Adele Ferguson has been overturned.However, lawyers for Double Bay cosmetic surgeon Joseph Ajaka immediately launched a new application for preliminary discovery in an attempt to see the stories before publication. NSW Supreme Court judge Stephen Rothman will deliver his decision on the new application on Thursday morning.
Preliminary discovery is usually granted for identifying a defendant, their whereabouts, or assessing what kind of claim might be available before proceeding with legal action against a defendant. He said the court could only compel a prospective defendant to hand over documents in under preliminary discovery orders, not someone who had already had a legal action launched against them.By Wednesday afternoon, a new application was made to try to view the stories.Matthew Collins, QC, representing the media outlets, said Mr Ajaka was attempting to have a “second bite of the cherry”.
Dr Collins said preliminary discovery could not be used to flesh out a case the applicant had already decided to launch.
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