Rush v Nationwide News Pty Ltd (No 6) [2018] FCA 1851

Rush v Nationwide News Pty Ltd (No 6) [2018] FCA 1851

Leave to file the third further amended defence was refused because, although the proposed particulars and witness X's evidence were potentially important and the respondents explained why the application was late, the application was made at an extremely late stage of the trial and would require a part-heard adjournment for at least six months, bifurcate the trial, require Mr Rush to meet distinct and old allegations from a new witness, and cause serious prejudice not cured by costs. Suppression and non-publication orders were continued because, after refusal of the amendment, publication of witness X's identity and allegations in the context of the proceeding would damage Mr Rush's...

Jurisdiction
Australia
Judgment Date
06 November 2018
Procedural Posture
Defamation Action; Interlocutory Application for Leave to Further Amend Defence and Application for Suppression and Non Publication Orders / During Trial, Tenth Day of the Trial When the Interlocutory Application Was Heard
Outcome
The respondents' interlocutory application filed in Court on 30 October 2018 was dismissed with costs, and the interim suppression and non-publication orders made on 30 October 2018 were continued until further order.
Legal Topics
['leave to Amend Defence' 'defence of Justification' 'particulars of Truth' 'suppression and Non Publication Orders' 'open Justice' 'privilege in Settlement Negotiations' 'mediation Communications' 'admissibility of Evidence on Voir Dire']
['practice and Procedure' 'defamation' 'evidence'] ['leave to Amend Defence' 'defence of Justification' 'particulars of Truth' 'suppression and Non Publication Orders' 'open Justice' 'privilege in Settlement Negotiations' 'mediation Communications' 'admissibility of Evidence on Voir Dire']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Action; Interlocutory Application for Leave to Further Amend Defence and Application for Suppression and Non Publication Orders / During Trial, Tenth Day of the Trial When the Interlocutory Application Was Heard

Legal Issues

  1. 1 ['Whether Nationwide News Pty Ltd and Mr Moran should be granted leave to file a third further amended defence adding new particulars of truth based on allegations by witness X.' "Whether interim suppression and non-publication orders concerning witness X's identity and allegations should be continued or replaced by final orders under s 37AF of the Federal Court of Australia Act 1976 (Cth)." "Whether a file note of discussions involving Mr Rush's legal representatives, witness X's solicitor and a Registrar was inadmissible under s 131 of the Evidence Act 1995 (Cth) or s 53B of the Federal Court of Australia Act 1976 (Cth)."]

Ratio Decidendi

Leave to file the third further amended defence was refused because, although the proposed particulars and witness X's evidence were potentially important and the respondents explained why the application was late, the application was made at an extremely late stage of the trial and would require a part-heard adjournment for at least six months, bifurcate the trial, require Mr Rush to meet distinct and old allegations from a new witness, and cause serious prejudice not cured by costs. Suppression and non-publication orders were continued because, after refusal of the amendment, publication of witness X's identity and allegations in the context of the proceeding would damage Mr Rush's...

Court Disposition

The respondents' interlocutory application filed in Court on 30 October 2018 was dismissed with costs, and the interim suppression and non-publication orders made on 30 October 2018 were continued until further order.

Orders

  • ["The respondents' interlocutory application filed in Court on 30 October 2018 is dismissed with costs." 'The interim suppression and non-publication orders made on 30 October 2018 be continued until further order.']