Dailymail.com Australia Pty Ltd v Molan [2023] FCAFC 26

Dailymail.com Australia Pty Ltd v Molan [2023] FCAFC 26

Because the primary judge failed to determine all issues raised by the defence of contextual truth and to consider all relevant evidence, an appealable error was established, justifying a new trial under s 30 of the Federal Court of Australia Act 1976 (Cth) subject to the parties' admissions and agreement regarding evidence.

Parties
Appellant: Dailymail.com Australia Pty Ltd; Respondent: Erin Molan
Jurisdiction
Australia
Judgment Date
03 March 2023
Procedural Posture
Appeal / Judgment Following Appeal Hearing; Orders Made by Consent for New Trial
Outcome
Appeal allowed. New trial ordered subject to conditions by consent.
Legal Topics
Appeal by Consent, New Trial Subject to Conditions, Defamation—contextual Truth, Powers Under Federal Court of Australia Act 1976 (cth) S 30
Appeal and New Trial Defamation Appeal by Consent New Trial Subject to Conditions Defamation—contextual Truth Powers Under Federal Court of Australia Act 1976 (cth) S 30

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Parties

Dailymail.com Australia Pty Ltd

Appellant

Erin Molan

Respondent

Procedural Posture

Appeal / Judgment Following Appeal Hearing; Orders Made by Consent for New Trial

Legal Issues

  1. 1 Whether the primary judge erred by not determining all issues raised by the defence of contextual truth under s 26 of the Defamation Act 2005 (NSW)
  2. 2 Whether the primary judge failed to consider all evidence relating to the defence and damages

Ratio Decidendi

Because the primary judge failed to determine all issues raised by the defence of contextual truth and to consider all relevant evidence, an appealable error was established, justifying a new trial under s 30 of the Federal Court of Australia Act 1976 (Cth) subject to the parties' admissions and agreement regarding evidence.

Court Disposition

Appeal allowed. New trial ordered subject to conditions by consent.

Orders

  • The appeal be allowed.
  • Orders made on 30 August 2022 and 12 September 2022 set aside.