NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Shift2Neutral Pty Ltd v Fairfax Media Publications Pty Ltd [2015] NSWCA 274 Hearing dates: 4 May 2015 Decision date: 10 September 2015 Before: McColl JA at [1]; Basten JA at [2]; Simpson J at [62] Decision: (1) Appeal dismissed.
(2) Appellants to pay the respondents' costs of the appeal. Catchwords: DEFAMATION – justification – defence to defamatory imputations – defendants pleaded substantial truth of each imputation – trial judge found the imputations were defamatory, but accepted defence – whether trial judge reversed onus of proof in relation to defence - whether trial judge erred in upholding the defence – Defamation Act 2005 (NSW), s 25 Legislation Cited: Defamation Act 2005 (NSW), ss 9, 25 Category: Principal judgment Parties: Shift 2 Neutral Pty Ltd (First Appellant) Brett Goldsworthy (Second Appellant) Fairfax Media Publications Pty Ltd (First Respondent) Ben Cubby (Second Respondent) Representation: Counsel: Mr R G McHugh SC/Ms N D Oreb (Appellants) Mr D R Sibtain/Ms L Barnett (Respondents)
Solicitors: Kalantzis Lawyers (Appellants) Banki Haddock Fiora (Respondents) File Number(s): 2014/66879 Decision under appeal Court or tribunal: Supreme Court Jurisdiction: Common Law Division Citation: Shift2Neutral Pty Ltd v Fairfax Media Publications Pty Ltd [2014] NSWSC 86 Date of Decision: 18 February 2014 Before: Nicholas AJ File Number(s): 2011/128622
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