Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550

FEDERAL COURT OF AUSTRALIA

Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550 File number: NSD 2179 of 2017

Judge: WIGNEY J

Date of judgment: 20 April 2018

Catchwords: PRACTICE AND PROCEDURE – application for leave to further amend defence – whether particulars previously struck out of qualified privilege defence can be reintroduced as particulars relevant to mitigation of damages – whether leave should be refused on the basis of discretionary considerations – where grant of leave would cause further delay in proceedings – whether explanation for delay satisfactory – application dismissed PRACTICE AND PROCEDURE – application for leave to file cross-claim pursuant to r 15.05 of the Federal Court Rules 2011 (Cth) – whether proposed cross-claim has sufficient merit – where joinder of party likely to cause further delay in proceedings – whether delay likely to cause prejudice – whether explanation for delay in bringing cross-claim satisfactory – application dismissed DEFAMATION – whether particulars of defence relevant to mitigation of damages on the basis of principle in Burstein v Times Newspapers Ltd [2001] 1 WLR 579 - whether particulars provide "directly relevant background context" – where particulars establish no more than suspicion, rumour or innuendo – whether source liable for damage as joint or concurrent tortfeasor – whether publication by source to publisher reasonably capable of conveying defamatory imputations – whether silence or failure to object constitutes publication – whether source participated in, or was accessory to, publication – whether publication reproduced "sense and substance" of source's statement – whether republication the "natural and probable result of publication by source"