Federal Court of Australia
Federal Court of Australia
Bazzi v Dutton [2022] FCAFC 84 Appeal from: Dutton v Bazzi [2021] FCA 1474
File number(s): NSD 1333 of 2021
Judgment of: RARES, RANGIAH AND WIGNEY JJ
Date of judgment: 17 May 2022
Catchwords: APPEAL AND NEW TRIAL – test for determining whether primary judge erred in finding ordinary reasonable reader would understand defamatory publication conveyed imputation – whether appellant must demonstrate error in finding of fact or error in exercise of discretionary judgment – whether obiter dicta in Gatto v Australian Broadcasting Corporation [2022] VSCA 66 correct – Held: test is whether error of fact established DEFAMATION – where matter complained of was tweet – whether ordinary reasonable reader would understand tweet read as a whole and in way users of Twitter read tweets conveyed imputation – where primary judge used dictionaries to interpret imputations and matter complained of – Held: appeal allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 27 Defamation Act 2005 (NSW) s 31
Cases cited: Bailey v WIN Television NSW Pty Ltd (2020) 104 NSWLR 541 Chau v Australian Broadcasting Corporation (2021) 386 ALR 36 Dutton v Bazzi [2021] FCA 1474 Fleming v Advertiser-News Weekend Publishing Co Pty Ltd [2016] SASCFC 109 Gatto v Australian Broadcasting Corporation [2022] VSCA 66 Kemsley v Foot [1952] AC 345 Lee v Lee (2019) 266 CLR 129 Lesses v Maras (2017) 128 SASR 292 Lewis v Daily Telegraph Ltd [1964] AC 234 Minister for Immigration and Border Protection v SZVFW (2018) 264 CLR 541 Mirror Newspapers Limited v Harrison (1982) 149 CLR 293; Capital & Counties Bank v Henty (1882) 7 App Cas 741 Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632 Monroe v Hopkins [2017] 4 WLR 68 Plato Films Ltd v Speidel [1961] AC 1090 Stocker v Stocker [2019] UKSC 17; [2020] AC 593 Trkulja v Google LLC (2018) 263 CLR 149 Warren v Coombs (1979) 142 CLR 531
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate