Prince v Malouf [2014] NSWCA 12

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prince v Malouf [2014] NSWCA 12 Hearing dates: 19 and 20 February 2013 Decision date: 12 February 2014 Before: McColl JA; Basten JA; Ward JA Decision: (1) Allow the appeal in part and set aside the orders made in the District Court on 9 December 2011 in favour of the respondent. (2) In place thereof, give judgment for the respondent in an amount of $20,000, to take effect from 9 December 2011, but otherwise dismiss the appeal. (3) Order that the respondent repay to the appellant an amount of $118,500 with interest calculated from the date on which the judgment sum was paid until the date of repayment. (4) Uphold the cross-appeal with respect to the conveying of imputation (c) in relation to the fourth matter complained of, but otherwise dismiss the cross-appeal. (5) Set aside the costs order made on 14 December 2011. (6) No order as to the costs of the trial. (7) Order the respondent to pay 75% of the appellant's costs of the appeal and cross-appeal. (8) Grant the respondent a certificate under the Suitor's Fund Act 1951 (NSW). [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: APPEAL - defamation proceedings before judge alone - challenge to fact-finding - finding as to state of mind of publisher - advantage of trial judge hearing evidence - objective factors tending both ways - no basis for interference