Nine Network Australia Pty Ltd v Tabbaa

[2018] NSWCA 243

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Security for costs
3. › Appeals
4. › Special circumstances
5. › Whether appeals reasonably arguable
6. › Whether impecuniosity alone sufficient
7. › Whether order would stifle appeal
8. › Uniform Civil Procedure Rules 2005 (NSW), r 51.50
1. Defamation
2. › Defences
3. › Honest opinion
4. › Whether defence under s 31 of Defamation Act 2005 (NSW) operates as complete defence to whole publication
5. › Where published matter conveys both opinion and defamatory imputations of fact not substantially true
6. › Defamation Act 2005 (NSW), ss 8, 31
1. Practice and Procedure
2. › Trial by jury
3. › Procedural fairness
4. › Judicial intervention
5. › Whether trial judge's statement to witness in presence of jury created procedural unfairness
6. › Whether jury may have understood statement as endorsement of witness's evidence

Quick Take

The construction of s 31 of the Defamation Act 2005 (NSW) as providing a complete defence to the whole published matter where only one imputation is an expression of opinion, unrelated to other defamatory imputations of fact not substantially true, is at least arguable and unsettled.