Federal Court of Australia
Federal Court of Australia
Chau v The Australian Broadcasting Corporation (No 2) [2020] FCA 1884 File number(s): NSD 1088 of 2017
Judgment of: RARES J
Date of judgment: 7 October 2020
Catchwords: EVIDENCE – whether media publications reporting on verdict for the applicant in earlier proceeding admissible pursuant to s 38(1)(c) and (d) Defamation Act 2005 (NSW) as evidence of mitigation of damages – whether mere tender of media publications capable of constituting evidence of, or affecting, reputation of applicant – Held: tender rejected
Legislation: Defamation Act 2005 (NSW) s 38(1)(c)–(d)
Cases cited: Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Chappell v Mirror Newspapers Ltd (1984) Aust Torts Reports 80-691 Hayson v The Age Company Pty Ltd [2019] FCA 1538
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 12
Date of hearing: 6–9 October 2020
Counsel for the Applicant: Mr B McClintock SC with Mr M Richardson
Solicitor for the Applicant: Mark O'Brien Legal
Counsel for the Respondents: Dr Matt Collins AM QC with Mr MJ Lewis
Solicitor for the First Respondent: Australian Broadcasting Corporation Legal Services
Solicitor for the Second and Third Respondents: MinterEllison
ORDERS NSD 1088 of 2017
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