Shift2Neutral Pty Ltd v Fairfax Media Publications Pty Ltd [2015] NSWCA 274

Shift2Neutral Pty Ltd v Fairfax Media Publications Pty Ltd [2015] NSWCA 274

The Court held that the trial judge did not reverse the onus of proof in the justification defence and was correct in upholding the defence; the evidence supported findings that the relevant certificates were valueless and the imputations justified. The appeal was dismissed.

Jurisdiction
Australia
Judgment Date
10 September 2015
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
Appeal dismissed
Legal Topics
['justification Defence' 'defamatory Imputations' 'onus of Proof' 'defamation Act 2005 (nsw) S 25']
['defamation'] ['justification Defence' 'defamatory Imputations' 'onus of Proof' 'defamation Act 2005 (nsw) S 25']

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Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 ['Whether the trial judge reversed the onus of proof in relation to the defence of justification' 'Whether the trial judge erred in upholding the defence of justification that each imputation was substantially true']

Ratio Decidendi

The Court held that the trial judge did not reverse the onus of proof in the justification defence and was correct in upholding the defence; the evidence supported findings that the relevant certificates were valueless and the imputations justified. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.' "Appellants to pay the respondents' costs of the appeal."]