Daily Examiner Pty Ltd v Mundine Brown v Mundine [2011] NSWCA 126

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Daily Examiner Pty Ltd v Mundine Brown v Mundine [2011] NSWCA 126 Hearing dates: 13 May 2011 Decision date: 13 May 2011 Before: Basten JA at [1] and [10] Macfarlan JA at [2] Decision: In each application: 1. Dismiss the application for leave to appeal. 2. Order the applicant to pay the first respondent's costs of the application. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DEFAMATION - qualified privilege defences - significance of plaintiff not being named in newspaper article - quantification of damages - application for leave to appeal dismissed Cases Cited: Carolan v AMF Bowling Pty Ltd [1995] NSWCA 69 Category: Principal judgment Parties: In 2009/297431 - 003 Daily Examiner Pty Ltd (Applicant) Lana Mundine (First Respondent) Avery Brown (Second Respondent)

In 2009/297431 - 004 Avery Brown (Applicant) Lana Mundine (First Respondent) Daily Examiner Pty Ltd (Second Respondent) Representation: Counsel:

In 2009/297431 - 003 A T S Dawson (Applicant) T Molomby SC/R Rasmussen (First Respondent P Wass (Second Respondent)