Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Nationwide News Pty Limited v Rush [2018] FCAFC 70 Appeal from: Application for leave to appeal: Rush v Nationwide News Pty Ltd [2018] FCA 357
File number: NSD 493 of 2018
Judges: ALLSOP CJ, RARES AND LEE JJ
Date of judgment: 27 April 2018
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – defamation – primary judge struck out paragraphs of statutory qualified privilege defence – primary judge concluded that it was not reasonably arguable that objective truth of facts pleaded in impugned paragraphs could bear on reasonableness of publication – no sufficient doubt demonstrated – leave to appeal refused
Legislation: Federal Court of Australia Act 1976 (Cth), Pt VB, s 37M Defamation Act 1974 (NSW), s 22 (repealed) Defamation Act 2005 (NSW), s 30
Cases cited: Adam P. Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Austin v Mirror Newspapers Ltd [1986] AC 299 Branir Pty Ltd v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 Decor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; 33 FCR 397 Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46; 250 CLR 303 Goodfellow v Fairfax Media Publications Pty Limited [2017] FCA 1152 Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652; 237 FCR 33 In re the Will of F. B. Gilbert (Deceased) (1946) 46 SR (NSW) 318 Makim v John Fairfax & Sons Ltd (1990) A Def R 50-075 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd [2017] FCAFC 98; 252 FCR 1 Rawson Finances Pty Ltd v Deputy Commissioner of Taxation [2010] FCAFC 139; 81 ATR 36
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