Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103

Hun v Aljazeera International (Malaysia) SDN BHD [2023] FCA 1103

Separate determination of the serious harm element is not justified in either proceeding as the inquiry into serious harm is complex, interconnected with other trial issues, involves mass-media publication, and is not just or convenient to isolate; both applications should be dismissed and the matter proceed to trial.

Parties
Applicant: TO HUN; First Respondent: ALJAZEERA INTERNATIONAL (MALAYSIA) SDN. BHD.; Second Respondent: MARY ANN JOLLEY; Third Respondent: DAVID BOYLE; Fourth Respondent: SHAUN TURTON; First Respondent: NATIONWIDE NEWS PTY LTD (ACN 008 438 828); Second Respondent: STEPHEN RICE
Jurisdiction
Australia
Judgment Date
15 September 2023
Procedural Posture
Interlocutory Application in Defamation Proceedings / Ruling on Respondents' Applications for Separate Determination of Serious Harm Element
Outcome
Respondents' interlocutory applications dismissed; both matters to proceed to case management hearing.
Legal Topics
Serious Harm Requirement, Separate Determination of Issues, Federal Court Procedure, Libel Tourism, Assessment of Harm to Reputation
Defamation Serious Harm Requirement Separate Determination of Issues Federal Court Procedure Libel Tourism Assessment of Harm to Reputation

Case Brief

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Parties

TO HUN

Applicant

ALJAZEERA INTERNATIONAL (MALAYSIA) SDN. BHD.

First Respondent

MARY ANN JOLLEY

Second Respondent

DAVID BOYLE

Third Respondent

SHAUN TURTON

Fourth Respondent

NATIONWIDE NEWS PTY LTD (ACN 008 438 828)

First Respondent

STEPHEN RICE

Second Respondent

Procedural Posture

Interlocutory Application in Defamation Proceedings / Ruling on Respondents' Applications for Separate Determination of Serious Harm Element

Legal Issues

  1. 1 Whether the 'serious harm' element under s 10A of the Defamation Act 2005 (Vic) should be determined separately in advance of trial
  2. 2 Whether separate determination of meaning is justified
  3. 3 Applicability of s 10A(4)-(6) of Defamation Act 2005 (Vic) in Federal jurisdiction

Ratio Decidendi

Separate determination of the serious harm element is not justified in either proceeding as the inquiry into serious harm is complex, interconnected with other trial issues, involves mass-media publication, and is not just or convenient to isolate; both applications should be dismissed and the matter proceed to trial.

Court Disposition

Respondents' interlocutory applications dismissed; both matters to proceed to case management hearing.

Orders

  • The respondents' interlocutory application dated 19 May 2023 be dismissed.
  • The matter be listed for case management hearing on 27 October 2023 at 10:15am.