Mundine v Brown [2010] NSWSC 468

Mundine v Brown [2010] NSWSC 468

The material in exhibit VD2 did not identify the second defendant as publisher of The Daily Examiner, nor permit a proper inference to that effect; its probative value was substantially outweighed by the danger of unfair prejudice; accordingly, the evidence was irrelevant or should be excluded under s 135 of the Evidence Act 1995.

Jurisdiction
Australia
Judgment Date
17 May 2010
Procedural Posture
Defamation / Evidentiary Ruling (voir Dire) During Trial Before Jury
Outcome
Tender of exhibit VD2 rejected.
Legal Topics
['relevance of Evidence' 'hearsay' 'exclusion of Evidence' 'publication in Defamation' 'prima Facie Evidence of Publisher' 'probative Value Vs Prejudice']
['evidence' 'defamation'] ['relevance of Evidence' 'hearsay' 'exclusion of Evidence' 'publication in Defamation' 'prima Facie Evidence of Publisher' 'probative Value Vs Prejudice']

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 / Evidentiary Ruling (voir Dire) During Trial Before Jury

Legal Issues

  1. 1 ['Whether exhibit VD2, material downloaded from a website, is admissible to prove publication by the second defendant' 'Whether the material is relevant to the fact in issue (identity of publisher)' 'Whether the probative value of the material is substantially outweighed by unfair prejudice, misleading or confusing the jury, or causing undue waste of time']

Ratio Decidendi

The material in exhibit VD2 did not identify the second defendant as publisher of The Daily Examiner, nor permit a proper inference to that effect; its probative value was substantially outweighed by the danger of unfair prejudice; accordingly, the evidence was irrelevant or should be excluded under s 135 of the Evidence Act 1995.

Court Disposition

Tender of exhibit VD2 rejected.

Orders

  • ['Exhibit VD2 rejected as evidence.']