NSW Caselaw
New South Wales Supreme Court
CITATION : Habib v Nationwide News Pty Limited [2008] NSWSC 181 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 26 November - 14 December 2007
JUDGMENT DATE : 7 March 2008
JURISDICTION : Civil
JUDGMENT OF : McClellan CJatCL
DECISION : 1. Judgment and verdict for the defendant. 2. The plaintiff is to pay the defendant's costs.
CATCHWORDS : DEFAMATION - imputation that plaintiff knowingly made false claims - meaning of the imputation - defence of substantial truth and public interest - plaintiff detained in Pakistan, Egypt and Guantanamo Bay - allegations of mistreatment during detention - plaintiff interviewed by officials whilst in detention - conflicting statements made by plaintiff duirng interviews in Australia - creditability of the plaintiff - EVIDENCE - admissibility - whether admissions influenced by violence or other conduct - whether fear of punishment for wrongdoing relevant conduct - whether evidence improperly obtained - whether circumstances of plaintiff's incarceration or expectation of release influenced plaintiff to make admissions - whether plaintiff a "protected suspect" for purposes of s 23F Crimes Act 1914 (Cth)
Defamation Act 1974 Evidence Act Crimes Act 1914 (Cth) LEGISLATION CITED : Civil Wrongs Act 2002 (ACT) Criminal Code Act 1913 (WA) Defamation Act 1889 (Qld) Defamation Act 1957 (Tas)
CATEGORY : Principal judgment
Greek Herald v Nikolopoulos (2002) 54 NSWLR 165 CASES CITED : John Fairfax Publications Pty Ltd v O'Shane (2005) NSWCA 164 Singleton v Ffrench (1986) 5 NSWLR 425.
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