Yosef Yitzchak Feldman v Nationwide News Pty Limited & Ors [2018] NSWSC 715

Yosef Yitzchak Feldman v Nationwide News Pty Limited & Ors [2018] NSWSC 715

Section 6DD of the Royal Commissions Act 1902 (Cth) does not prohibit admission of Royal Commission transcript evidence in defence of a fair report in defamation proceedings instituted by the person who gave the evidence, as the provision is directed at preventing use of compelled, self-incriminating statements to establish liability or responsibility against the person, not to bar such evidence for the purpose of a defendant’s lawful defence.

Jurisdiction
Australia
Judgment Date
09 May 2018
Procedural Posture
Defamation Proceedings / Interlocutory Ruling on Admissibility of Evidence
Outcome
Transcript admitted as exhibit 1 for limited use in support of the fair report defence only.
Legal Topics
['fair Comment' 'privilege Against Self Incrimination' 'admissibility of Royal Commission Evidence' 'statutory Interpretation of Compensation Provisions' 'qualified Privilege' 'defences in Defamation']
['defamation' 'evidence' 'statutory Interpretation'] ['fair Comment' 'privilege Against Self Incrimination' 'admissibility of Royal Commission Evidence' 'statutory Interpretation of Compensation Provisions' 'qualified Privilege' 'defences in Defamation']

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Procedural Posture

Defamation Proceedings / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 ['Whether transcript evidence from the Royal Commission is admissible under s 6DD of the Royal Commissions Act 1902 (Cth) to make good the defence of fair report in defamation proceedings.' 'Whether the statutory protection against admissibility extends to the whole transcript or only to compelled, self-incriminating disclosures.' "Whether the use of such evidence to make out a defence is 'against' the interests of the person under s 6DD."]

Ratio Decidendi

Section 6DD of the Royal Commissions Act 1902 (Cth) does not prohibit admission of Royal Commission transcript evidence in defence of a fair report in defamation proceedings instituted by the person who gave the evidence, as the provision is directed at preventing use of compelled, self-incriminating statements to establish liability or responsibility against the person, not to bar such evidence for the purpose of a defendant’s lawful defence.

Court Disposition

Transcript admitted as exhibit 1 for limited use in support of the fair report defence only.

Orders

  • ['The transcript of evidence taken before the Royal Commission is admitted as exhibit 1, for the limited purpose of making good the defence of fair report and not as evidence of truth.']