Brian Stanley Fisher v Channel Seven Sydney Pty Ltd (No 2) [2014] NSWSC 1593

Brian Stanley Fisher v Channel Seven Sydney Pty Ltd (No 2) [2014] NSWSC 1593

Evidence of prior publication is admissible for the limited purpose of addressing causation of specific claimed damages (distress, loss of charter work, licence cancellation), but not to mitigate damages or prove bad reputation.

Parties
Plaintiff: Brian Stanley Fisher; First Defendant: Channel Seven Sydney Pty Ltd; Second Defendant: David Richardson
Jurisdiction
Australia
Judgment Date
16 September 2014
Procedural Posture
Interlocutory Application / Evidentiary Ruling
Outcome
Evidence of prior publication admissible for specified limited purpose.
Legal Topics
Admissibility of Evidence, Damages Causation, Mitigation of Damages, Prior Publications
Defamation Evidence Admissibility of Evidence Damages Causation Mitigation of Damages Prior Publications

Case Brief

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Parties

Brian Stanley Fisher

Plaintiff

Channel Seven Sydney Pty Ltd

First Defendant

David Richardson

Second Defendant

Procedural Posture

Interlocutory Application / Evidentiary Ruling

Legal Issues

  1. 1 Whether evidence of prior publication is admissible in defamation proceedings
  2. 2 Relevance of prior publications to causation of damages

Ratio Decidendi

Evidence of prior publication is admissible for the limited purpose of addressing causation of specific claimed damages (distress, loss of charter work, licence cancellation), but not to mitigate damages or prove bad reputation.

Court Disposition

Evidence of prior publication admissible for specified limited purpose.

Orders

  • Evidence of prior publication may be adduced, relevance limited to causation of damages.