Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sarina v Fairfax Media Publications Pty Ltd [2018] FCAFC 190 Appeal from: Application for leave to appeal: Sarina v Fairfax Media Publications Pty Ltd [2018] FCA 521
File number: NSD 675 of 2018
Judges: RARES, MARKOVIC AND BROMWICH JJ
Date of judgment: 31 October 2018
Catchwords: DEFAMATION – application for leave to appeal and appeal from summary judgment under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) – whether deed of release extended to publications not referred to in it – distinctions between legal and equitable principles of construction applicable to wide or general words of release in deed
Legislation: Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules 2011 r 26.01
Cases cited: Dow Jones & Company Inc v Gutnick (2002) 210 CLR 575 Grant v John Grant and Sons Pty Ltd (1954) 91 CLR 112 Jones v Dunkel (1959) 101 CLR 298 Pacific Carriers Ltd v BNP Paribas (2004) 218 CLR 451 Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 240 CLR 45 Scaffidi v Perpetual Trustees Victoria Ltd (2011) 42 WAR 59 Spencer v Commonwealth of Australia (2010) 241 CLR 118 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Trkulja v Google LLC (2018) 356 ALR 178
Date of hearing: 31 October 2018
Registry: New South Wales
Division: General Division
National Practice Area: Other Federal Jurisdiction
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