Federal Court of Australia
Federal Court of Australia
Schiff v Nine Network Australia Pty Ltd (No 4) [2023] FCA 688 File number(s): NSD 1086 of 2021
Judgment of: JACKMAN J
Date of judgment: 23 June 2023
Catchwords: DEFAMATION – application for leave to further amend defence – whether particulars of directly relevant background context in mitigation of damages defective – whether the principle in Burstein v Times Newspapers Ltd [2001] 1 WLR 579 is confined to evidence of "misconduct" as opposed to "facts" – whether evidence of opinions held by regulators or agencies as to the existence of facts is admissible – extent to which evidence of beliefs or opinions held by the applicant is admissible – discretionary case management principles guide the application of the Burstein principle to applications for leave to amend particulars – leave refused in respect of some particulars, granted in respect of others
Legislation: Evidence Act 1995 (Cth) ss 55, 56, 135 Federal Court of Australia Act 1976 (Cth) s 37M
Cases cited: Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125; (2019) 271 FCR 632 Barilaro v Google LLC [2022] FCA 650 Burstein v Times Newspapers Ltd [2001] 1 WLR 579 Channel 7 Sydney Pty Ltd v Mahommed [2010] NSWCA 335 Dingle v Associated Newspapers Ltd [1964] AC 371 Duma v Fairfax Media Publications Pty Ltd (No 3) [2023] FCA 47 Edgington v Fitzmaurice (1884) 29 Ch D 459 Fairfax Digital Australia & New Zealand Pty Ltd v Kazal [2018] NSWCA 77; (2018) 97 NSWLR 547 Goody v Odhams Press Ltd [1967] 1 QB 333 Hayson v The Age Company Pty Ltd (No 2) [2020] FCA 361 Kumova v Davison (No 2) [2023] FCA 1 Pamplin v Express Newspapers Ltd [1988] 1 WLR 116 Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550 Schiff v Nine Network Australia Pty Ltd (No 2) [2022] FCA 1120 Schiff v Nine Network Australia Pty Ltd (No 3) [2023] FCA 336 Scott v Sampson (1882) 8 QBD 491 Turner v News Group Newspapers Ltd [2006] EWCA Civ 540; [2006] 1 WLR 3469 Warren v The Random House Group Ltd [2008] EWCA Civ 834; [2009] QB 600
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