Tabbaa v Nine Network Australia Pty Ltd

• 1. Appeal
  2. › Grounds of appeal
  3. › Apprehended bias
  4. › Conduct of judge before jury
  5. › Judge read evidence of one witness to later witness
  6. › Whether fair-minded observer might apprehend bias
  7. › Whether conduct indicated judge might have accepted evidence as true
• 1. Appeal
  2. › Party bound by counsel's conduct at trial
  3. › Defendant's submission on point of law not contradicted
  4. › Whether reasonable opportunity for plaintiffs to challenge submission
  5. › Challenge raised but not pursued
  6. › Whether substantial miscarriage warranting retrial
• 1. Defamation
  2. › Defences
  3. › Honest opinion
  4. › Public interest element
  5. › Whether judgment entered before element determined
  6. › Element to be determined by judge
  7. › Whether element in dispute
  8. › Defamation Act 2005 (NSW), s 31
• 1. Defamation
  2. › Defences
  3. › Honest opinion
  4. › Scope of defence
  5. › Whether opinion provided defence to whole of defamatory matter
  6. › Finding by trial judge that opinion not complete defence not applied
  7. › Whether substantial miscarriage warranting retrial
  8. › Defamation Act 2005 (NSW), s 31

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