Federal Court of Australia
Federal Court of Australia
Duma v Fairfax Media Publications Pty Limited (No 4) [2023] FCA 159 File number: NSD 420 of 2020
Judgment of: KATZMANN J
Date of judgment: 3 March 2023
Catchwords: PRACTICE AND PROCEDURE – where previous judgment erroneously stated that respondents had not pressed a particular part of their defence – where judge consequently failed to consider submissions on the point supposedly not pressed – whether in such circumstances orders previously made can be varied under r 39.05(h) of the Federal Court Rules 2011 (Cth) DEFAMATION – where separate defamation proceedings initiated in respect of two different sets of publications – where applicant held entitled to damages in one proceeding and the other proceeding settled for a confidential sum – whether the different sets of publications had the "same meaning or effect" for the purposes of ss 38(1)(d) and 38(1)(e) of the Defamation Act 2005 (NSW) – whether amount of damages awarded ought to be reduced on account of the confidential settlement sum
Legislation: Federal Court Rules 2011 (Cth) r 39.05(h)) Defamation Act 2005 (NSW) ss 38(1)(d), 38(1)(e) Defamation Act 1952 (UK) s 12
Cases cited: Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Cassell & Co Ltd v Broome [1972] AC 1027 Chau v Australian Broadcasting Corporation (No 3) [2021] FCA 44; 386 ALR 36 Chau v Fairfax Media Publications Pty Ltd [2019] FCA 185 Dingle v Associated Newspapers Ltd [1961] 2 QB 162 Duma v Fairfax Media Publications Pty Ltd (No 3) [2023] FCA 47 Fairfax Media Publications Pty Ltd v Gayle (2019) 100 NSWLR 155 Flint v Richard Busuttil & Company Pty Ltd (2013) 216 FCR 375 Gayle v Fairfax Media Publications Pty Ltd (No 2) [2018] NSWSC 1838 Hayson v The Age Company Pty Ltd (No 2) [2020] FCA 361 Lewis v Daily Telegraph Ltd [1964] AC 234 Patel v Minister for Immigration and Citizenship (No 4) (2012) 208 FCR 128 Storey & Keers Pty Ltd v Johnstone (1987) 9 NSWLR 446 Tabbaa v Nine Network Australia Pty Ltd [2019] NSWCA 69 Theo v Official Trustee in Bankruptcy [1998] FCA 862; 4 ATR 404
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