WEST Australian newspaper The Sunday Times has been ordered to hand over documents relating to an article it published containing allegations about the behaviour of state Treasurer Troy Buswell.
Mr Buswell, who is also WA's transport and emergency services minister, has launched a defamation case against his ex-lover, independent MP Adele Carles, after she made a string of accusations about him that were published in the newspaper.
A subpoena was issued seeking the correspondence between Ms Carles and the journalist including handwritten notes, emails, letters and audio recordings.
At a hearing in the WA Supreme Court on Thursday, lawyers for the newspaper argued the subpoena should be set aside because it was an abuse of process, a "fishing exercise" and had no legitimate forensic purpose.
However, Justice John McKechnie dismissed the application from the newspaper on Friday and ordered that The Sunday Times provide the documents by Monday.
Justice McKechnie rejected any argument that the subpoena would cause the newspaper to disclose confidential information.
"No question of journalist's privilege, if such a thing exists, or protection of sources arises," he said.
"The article purports to quote the defendant directly, and of course, names her prominently.
"Confidentiality alone or in combination with other factors is insufficient to set aside the subpoena."
Mr Buswell's lawyer, Martin Bennett, told reporters outside court he wanted to see all relevant notes made by the journalist that would provide some context for the comments extracted for the two stories published on December 9.
"They're all necessary documents to formulate a proper pleading in a defamation matter," he said.
Mr Bennett said there was currently no prospect of the defamation case being settled out of court.
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