Chel v Fairfax Media Publications Pty Ltd [2017] NSWSC 56

Chel v Fairfax Media Publications Pty Ltd [2017] NSWSC 56

The judgment of the Land and Environment Court is admissible as evidence because its tender does not contravene s 91(1) of the Evidence Act 1995 (NSW): the fact in issue is not the existence of facts decided by that Court, but that such matters were issues before it. Any prejudicial effect does not outweigh the probative value, particularly for assessing the fair report defence.

Jurisdiction
Australia
Judgment Date
07 February 2017
Procedural Posture
Defamation Proceedings / Evidentiary Ruling During Trial
Outcome
Tender of the Land and Environment Court judgment allowed as evidence for limited purpose.
Legal Topics
['tender of Judgment' 'exclusion of Evidence' 'fair Report Defence']
['evidence' 'defamation'] ['tender of Judgment' 'exclusion of Evidence' 'fair Report Defence']

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Procedural Posture

Defamation Proceedings / Evidentiary Ruling During Trial

Legal Issues

  1. 1 ['Whether the judgment of the Land and Environment Court can be tendered as evidence in defamation proceedings given the exclusion in s 91 of the Evidence Act 1995 (NSW)' 'Whether the probative value of the judgment outweighs its prejudicial effect under s 135 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

The judgment of the Land and Environment Court is admissible as evidence because its tender does not contravene s 91(1) of the Evidence Act 1995 (NSW): the fact in issue is not the existence of facts decided by that Court, but that such matters were issues before it. Any prejudicial effect does not outweigh the probative value, particularly for assessing the fair report defence.

Court Disposition

Tender of the Land and Environment Court judgment allowed as evidence for limited purpose.

Orders

  • ['Judgment of the Land and Environment Court admitted as evidence.']