Tabbaa v Nine Network Pty Ltd (No.10) [2018] NSWSC 468

Supreme Court New South Wales

Medium Neutral Citation: Tabbaa v Nine Network Pty Ltd (No.10) [2018] NSWSC 468 Hearing dates: 20-24 and 27-30 November 2017; 1, 4-8, 11-15 and 18-21 December 2017; 5 February 2018 Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Common Law Before: Fagan J Decision: In proceeding No 2015/79981 the further orders of the Court are:

1. The plaintiff's notice of motion filed 4 January 2018 is dismissed. 2. The parties' costs of the notice of motion filed 4 January 2018 are to be costs in the proceeding. 3. For the purpose of assessing costs under the order for costs made 21 December 2018, one half of the hearing time of the trial and of the post-trial hearing on 5 February 2018 is to be attributed to this proceeding.

In proceeding No 2015/181496 the further orders are:

1. The plaintiff's notice of motion filed 4 January 2018 is dismissed. 2. The plaintiff's damages under the judgment entered in his favour on 21 December 2017 are assessed at nil. 3. The parties are each to bear their own costs of this proceeding including their costs of the plaintiff's notice of motion filed 4 January 2018. Catchwords: DEFAMATION – defences – honest opinion – opinion "not honestly held" – whether defendant had reasonable grounds to believe opinion was "not honestly held" – no evidence opinion was not honestly held – "matter of public interest" – whether opinion related to "matter of public interest" – forced marriage and attitudes to premarital relations – scope of defence of honest opinion – whether defence applies to individual opinionative imputations where defamatory imputations of fact conveyed by the same publication – issue not determined due to delayed application inconsistent with conduct at trial