Roberts-Smith v Fairfax Media Publications Pty Limited (No 36) [2022] FCA 578

Federal Court of Australia

Roberts-Smith v Fairfax Media Publications Pty Limited (No 36) [2022] FCA 578 File numbers: NSD 1485 of 2018 NSD 1486 of 2018 NSD 1487 of 2018

Judgment of: BESANKO J

Date of judgment: 21 April 2022

Date of publication of reasons: 19 May 2022

Catchwords: EVIDENCE — objection by respondents to evidence given by witness called by applicant known as Person 5 — where trial has proceeded with applicant opening his case and giving evidence, respondents presenting their case on defences of justification and contextual truth before applicant calling such other witnesses as he proposes to call with respect to defences — where respondents' witnesses have given evidence including evidence about mission to compound Whiskey 108 on 12 April 2009 and were cross-examined by counsel for applicant — where applicant called first witness, Person 5, who gave evidence about Whiskey 108 mission — where during course of Person 5's evidence-in-chief, objection taken by counsel for respondents to Court receiving evidence on basis that evidence sought to be adduced from Person 5 of matters not put to respondents' witnesses in accordance with principles in Browne v Dunn (1893) 6 R 67 (HL) — consideration of instances advanced by counsel for respondents of matters about which Person 5 gave evidence but which were not put to respondents' witnesses — consideration of power to exclude evidence where failure to comply with principles in Browne v Dunn — whether appropriate to address suggested failure to comply with principles in Browne v Dunn prior to conclusion of evidence — objection overruled