Vajda v Nine Network Australia Limited & ors [2000] NSWSC 873

Vajda v Nine Network Australia Limited & ors [2000] NSWSC 873

The Court found paragraphs 11–36, part of 38, and paragraphs 39, 42, and 44 of the plaintiff's affidavit to be irrelevant or inadmissible to the contempt charges, as they do not bear on the objective assessment of tendency to exert improper pressure. Relevant matters are those affecting the form and content of the publications, and not the plaintiff's beliefs about bias, translation, or personal circumstances. The test is to be determined objectively; personal background and beliefs are generally irrelevant.

Parties
Plaintiff: Tibor Timothy Vajda; First Defendant: Nine Network Australia Limited; Second Defendant: Magda Bardy; Third Defendant: TCN Channel Nine Pty Limited; Fourth Defendant: Endre Csapo
Jurisdiction
Australia
Judgment Date
31 August 2000
Procedural Posture
Defamation and Contempt Proceedings / Application to Strike Out Parts of Affidavit (interlocutory Ruling)
Outcome
Portions of affidavit struck out; costs awarded to defendants
Legal Topics
Improper Pressure on Litigant, Tendency to Interfere With Justice, Admissibility of Evidence
Contempt of Court Defamation Improper Pressure on Litigant Tendency to Interfere With Justice Admissibility of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Tibor Timothy Vajda

Plaintiff

Nine Network Australia Limited

First Defendant

Magda Bardy

Second Defendant

TCN Channel Nine Pty Limited

Third Defendant

Endre Csapo

Fourth Defendant

Procedural Posture

Defamation and Contempt Proceedings / Application to Strike Out Parts of Affidavit (interlocutory Ruling)

Legal Issues

  1. 1 Whether portions of the plaintiff's affidavit should be struck out as irrelevant or inadmissible to charges of contempt
  2. 2 Whether subjective or objective test applies to determining improper pressure on a litigant in contempt
  3. 3 Whether evidence of the plaintiff's beliefs about bias and translation accuracy are relevant

Ratio Decidendi

The Court found paragraphs 11–36, part of 38, and paragraphs 39, 42, and 44 of the plaintiff's affidavit to be irrelevant or inadmissible to the contempt charges, as they do not bear on the objective assessment of tendency to exert improper pressure. Relevant matters are those affecting the form and content of the publications, and not the plaintiff's beliefs about bias, translation, or personal circumstances. The test is to be determined objectively; personal background and beliefs are generally irrelevant.

Court Disposition

Portions of affidavit struck out; costs awarded to defendants

Orders

  • Paragraphs 11 to 36 inclusive of the affidavit are struck out
  • The balance of paragraph 38 of the affidavit commencing with the words 'because of the combination of half truths' is struck out