Benhayon v Rockett (No 6) [2018] NSWSC 1403

Benhayon v Rockett (No 6) [2018] NSWSC 1403

Evidence of Dr Malatt's personal experiences cannot rationally affect the assessment of the existence of group-wide harm or cult-like behaviour as alleged, because it cannot determine what effect the plaintiff's teachings had on others, and so is not relevant or admissible.

Jurisdiction
Australia
Judgment Date
17 September 2018
Procedural Posture
Defamation Trial / Ruling on Objection During Trial
Outcome
Objection upheld
Legal Topics
['relevance of Evidence' 'admissibility' 'truth Defence' 'honest Opinion Defence']
['evidence' 'defamation'] ['relevance of Evidence' 'admissibility' 'truth Defence' 'honest Opinion Defence']

Case Brief

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Procedural Posture

Defamation Trial / Ruling on Objection During Trial

Legal Issues

  1. 1 ['Whether evidence from Dr Anne Malatt regarding her positive experiences with the plaintiff is relevant and admissible to rebut imputations that the plaintiff is the leader of a socially harmful cult']

Ratio Decidendi

Evidence of Dr Malatt's personal experiences cannot rationally affect the assessment of the existence of group-wide harm or cult-like behaviour as alleged, because it cannot determine what effect the plaintiff's teachings had on others, and so is not relevant or admissible.

Court Disposition

Objection upheld

Orders

  • ['Objection to further evidence of Dr Anne Malatt on relevance grounds is upheld.']