Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No. 4) [2013] NSWSC 1649

Supreme Court New South Wales

Medium Neutral Citation: Born Brands Pty Ltd v Nine Network Australia Pty Ltd (No. 4) [2013] NSWSC 1649 Hearing dates: 21-25; 28-30 October 2013 Decision date: 21 October 2013 Before: Adamson J Decision: Rule that the evidence of the second and third plaintiffs as to the falsity of imputations (b), (c) and (d) is inadmissible to prove the falsity of the imputations but is admissible to prove the second and third plaintiffs' belief of its falsity. Catchwords: DEFAMATION- plaintiff's entitlement to "nail the lie"- use of evidence depends on admissibility- relevant to damages- giving of evidence itself a remedy

EVIDENCE- construction of s 76, s 78 and s 79 Evidence Act 1995- whether unqualified plaintiff's evidence of falsity of matter of expert opinion is admissible to prove its falsity or is limited to the plaintiff's belief Legislation Cited: Defamation Act 2005 Defamation Act 1974, s 47 Evidence Act 1995, s 76(1), s 78, s 79 Cases Cited: Ainsworth v Burden [2005] NSWCA 174 Australian Consolidated Press Ltd v Uren [1966] HCA 37; 117 CLR 185 Potter v Minahan [1908] HCA 63; 7 CLR 277 Rigby v Associated Newspapers Ltd (No 2) [1969] 1 NSWR 729 Singleton v Ffrench (1986) 5 NSWLR 425 Texts Cited: New South Wales, Law Reform Commission, Report on Defamation, (April, 1971) Category: Interlocutory applications Parties: Born Brands Pty Ltd (First Plaintiff) Hayley Birtles-Eades (Second Plaintiff) Sally Birtles (Third Plaintiff) Nine Network Australia Pty Ltd (First Defendant) Gabriella Rogers (Second Defendant) Georgie Gardener (Third Defendant) Representation: Counsel: CA Evatt and RKM Rasmussen (Plaintiffs) TD Blackburn SC and ATS Dawson (Defendants) Solicitors: Beazley Singleton Lawyers (Plaintiffs) Johnson Winter and Slattery (Defendants) File Number(s): 2011/115199 Publication restriction: Nil