Di Girolamo v Fairfax Media Publications Pty Ltd (No 3) [2016] NSWSC 642

Di Girolamo v Fairfax Media Publications Pty Ltd (No 3) [2016] NSWSC 642

The documents objected to by the plaintiff are relevant to the jury's determination of the defences relied on by the defendants, particularly as to the truth of various imputations conveyed by the articles, and are not excluded under s 135 of the Evidence Act, as any prejudicial effect can be ameliorated by specific jury directions; accordingly, the documents are admitted on the bases indicated in these reasons.

Parties
Plaintiff: Nicholas Anthony Di Girolamo; 1st Defendant: Fairfax Media Publications Pty Ltd; 2nd Defendant: Kate McClymont; 3rd Defendant: Linton Besser; 4th Defendant: Sean Nicholls
Jurisdiction
Australia
Judgment Date
16 May 2016
Procedural Posture
Defamation / Procedural Ruling on Admissibility of Documents
Outcome
Documents admitted on the bases indicated in the reasons.
Legal Topics
Admissibility of Documents, Relevance, Section 135 Evidence Act, Truth Defence, Imputations
Evidence Defamation Admissibility of Documents Relevance Section 135 Evidence Act Truth Defence Imputations

Case Brief

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Parties

Nicholas Anthony Di Girolamo

Plaintiff

Fairfax Media Publications Pty Ltd

1st Defendant

Kate McClymont

2nd Defendant

Linton Besser

3rd Defendant

Sean Nicholls

4th Defendant

Procedural Posture

Defamation / Procedural Ruling on Admissibility of Documents

Legal Issues

  1. 1 Whether the ICAC Opening Transcript is admissible as evidence.
  2. 2 Whether documents relating to the Mount Penny Coal Mine are admissible.
  3. 3 Whether documents relating to a PPP proposal involving Australian Water Holdings are admissible.

Ratio Decidendi

The documents objected to by the plaintiff are relevant to the jury's determination of the defences relied on by the defendants, particularly as to the truth of various imputations conveyed by the articles, and are not excluded under s 135 of the Evidence Act, as any prejudicial effect can be ameliorated by specific jury directions; accordingly, the documents are admitted on the bases indicated in these reasons.

Court Disposition

Documents admitted on the bases indicated in the reasons.

Orders

  • The ICAC Opening Transcript is admitted, not to be used for a hearsay purpose but for non-hearsay purposes only.
  • Documents relating to the Mount Penny Coal Mine are admitted as relevant.