Feldman v Nationwide News Pty Ltd [2020] NSWCA 260

Feldman v Nationwide News Pty Ltd [2020] NSWCA 260

Section 6DD of the Royal Commissions Act 1902 (Cth) does not bar admission of compelled Royal Commission evidence for use in defamation proceedings to make out defences unless such evidence is used against the witness to establish their liability; the reports were fair and substantially accurate, and the relevant imputations were substantially true; no reasonable apprehension of bias was established; therefore, the appeal is dismissed with costs.

Jurisdiction
Australia
Judgment Date
20 October 2020
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['royal Commissions—admissibility of Evidence' 'apprehended Bias—recusal Applications' 'defamation—fair Report and Justification Defences']
['defamation' 'evidence' 'courts and Judges'] ['royal Commissions—admissibility of Evidence' 'apprehended Bias—recusal Applications' 'defamation—fair Report and Justification Defences']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether s 6DD of the Royal Commissions Act 1902 (Cth) prevents the admission of evidence from Royal Commission for defence in defamation action' 'Whether primary judge should have recused self for apprehended bias' 'Whether reports conveyed pleaded imputations, including ignorance of law or morality' 'Whether defences of fair report, justification and fair summary were made out']

Ratio Decidendi

Section 6DD of the Royal Commissions Act 1902 (Cth) does not bar admission of compelled Royal Commission evidence for use in defamation proceedings to make out defences unless such evidence is used against the witness to establish their liability; the reports were fair and substantially accurate, and the relevant imputations were substantially true; no reasonable apprehension of bias was established; therefore, the appeal is dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed' "Appellant to pay respondents' costs"]