Federal Court of Australia
Federal Court of Australia
Winn v Thompson [2024] FCA 358 File number: WAD 104 of 2023
Judgment of: JACKSON J
Date of judgment: 12 April 2024
Catchwords: DEFAMATION - defence of justification - whether proposed amended defence fails to disclose a reasonable defence - whether proposed amended defence is evasive, ambiguous, or likely to cause prejudice, embarrassment or delay in the proceeding - leave to rely on proposed amended defence refused - respondents given leave to replead
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 16.02 Defamation Act 2005 (WA) s 25
Cases cited: Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125; (2019) 271 FCR 632 Brooks v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWSC 1331 Gair v Greenwood [2017] NSWSC 1652 Gallagher v Destiny Publications Pty Ltd [No 2] [2015] WASC 475 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Hayson v John Fairfax Publications Pty Ltd [2007] NSWCA 376 Hunt v Times Newspapers Ltd [2012] EWHC 110 (QB) Johnson v Miller (1937) 59 CLR 467 Khan v Fairfax Media Publications Pty Limited [No 3] [2015] WASC 400 Rush v Nationwide News Pty Ltd [2018] FCA 357 Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262 Wing v The Australian Broadcasting Corporation [2018] FCA 1340
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