Selkirk v Wyatt [2024] FCAFC 48

Federal Court of Australia

Selkirk v Wyatt [2024] FCAFC 48 Appeal from Selkirk v Hocking (No 2) [2023] FCA 1085

File number: VID 830 of 2023

Judgment of: BESANKO, ANDERSON AND O'SULLIVAN JJ

Date of judgment: 15 April 2024

Catchwords: DEFAMATION — appeal from orders of primary judge dismissing defamation proceeding — where matter governed by, inter alia, s 10A of the Defamation Act 2005 (Vic) where the primary judge identified three separate questions — where the primary judge found that "serious harm" within the meaning of s 10A(1) of the Defamation Act not established — where primary judge did not accept that anyone thought less of the appellant as a result of the publication in circumstances where the appellant admitted she engaged in acts of deception — where primary judge took into account the limited number of persons to whom the article was published — where the primary judge decided not to consider whether the article conveyed one or more of the pleaded imputations DEFAMATION — consideration of what constitutes "serious harm" within the meaning of s10A of the Defamation Act — consideration of Lachaux v Independent Print Ltd [2019] UKSC 27; (2020) AC 612 — whether the primary judge erred in refusing during the course of the trial the appellant's application to call three proposed witnesses who has produced written statements — consideration of the interests of justice and s 37M of the Federal Court of Australia Act 1976 (Cth) — whether the primary judge erred in relying on the appellant's acceptance that she had engaged in acts of deception — consideration of Colagrande v Kim [2022] FCA 409 and the onus of proof with respect to bad reputation — whether the primary judge erred in not determining the meaning of the publication and whether it gave rise to the pleaded imputations — held: appeal dismissed