O'Shane v Harbour Radio Pty Ltd [2013] NSWCA 315

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: O'Shane v Harbour Radio Pty Ltd [2013] NSWCA 315 Hearing dates: 18 September, 29 November 2012 Decision date: 24 September 2013 Before: Beazley P at [1]; McColl JA at [131]; Basten JA at [159]; Tobias AJA at [243]; McCallum J at [263] Decision: Answers to referred questions (at [127]-[128]):

Question A: (i) No longer arises, but in any event, no. (ii) No. (iii) No longer arises.

Question B: Does not arise.

Question C: No.

Question D: (i) No, but in any event does not arise given the answer to Question A. (ii) Does not arise. (iii) Does not arise.

Question E: (i) No. (ii) No. Catchwords: TORTS - defamation - judicial officer suing in respect of criticism of her performance of her judicial function - defence of truth - Uniform Civil Procedure Rules 2005, r 1.21 - questions referred to Court of Appeal - whether the defence of truth is precluded by the principle of judicial immunity - consequences for the proceedings

TORTS - defamation - judicial officer suing in respect of criticism of her performance of her judicial function - defence of truth - Uniform Civil Procedure Rules 2005, r 1.21 - questions referred to Court of Appeal - whether the defendants defence of truth constitutes an abuse of process as inconsistent with the principle of finality