Friday, 4 October 2019

Weekly Defamation LawA Weekly Bulletin listing Decisions

of Superior Courts of Australia covering Defamation Law

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Executive Summary (1 minute read)

Roberts-Smith v Fairfax Media Publications Pty Limited (No 2) (FCA) - costs - defamation -respondents and 'proposed witness' sought costs concerning interlocutory applications - partiesand proposed witness to bear own costs

Merck Sharp & Dohme Corporation v Wyeth LLC (No 2) (FCA) - patent - evidence - Wyeth'sclaim of legal professional privilege upheld with respect to certain documents - Wyeth waivedprivilege with respect certain documents

Poniatowska v Channel Seven Sydney Pty Ltd (SASCFC) - defamation - claim arising fromstory broadcast on television - trial judge erred in finding defences established - appeal allowed

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Summaries With Link (Five Minute Read)

Roberts-Smith v Fairfax Media Publications Pty Limited (No 2) [2019] FCA 162Federal Court of AustraliaBesanko JDefamation - costs - respondents and 'proposed witness' sought costs concerning interlocutoryapplications which they made 'in three defamation proceedings' - whether respondents andproposed witness satisfied Court that it should make order under ss37AF Federal Court ofAustralia Act 1976 (Cth) (FCAA) - whether to depart from usual order that parties and proposedwitness bear own costs - s43 FCAA - r40.04 Federal Court Rules 2011 (Cth) - held:Roberts-Smith[From Benchmark Thursday, 3 October 2019]

Merck Sharp & Dohme Corporation v Wyeth LLC (No 2) [2019] FCA 1615Federal Court of AustraliaBurley JPatent - evidence - privilege - Wyeth claimed legal professional privilege concerning documentswithin Notice to Produce issued by Merck - Merck challenged privilege claim - consideration ofcategories of documents - whether waiver of privilege, express or implied - held: Wyeth hadwaived legal professional privilege concerning certain documents - claim upheld in respect ofcertain documents.Merck[From Benchmark Thursday, 3 October 2019]

Poniatowska v Channel Seven Sydney Pty Ltd [2019] SASCFC 111Full Court of South AustraliaKourakis CJ; Blue & Nicholson JJDefamation - appellant claimed against respondent in respect of story broadcast on televisionwhich 'depicted her as a welfare fraud and cheat' - trial judge upheld respondent's defences 'ofjustification, fair report, qualified privilege, extended qualified privilege and fair comment' -appellant appealed against dismissal of her action - appellant contended trial judge should have'found additional imputations' and had erroneously upheld the defences - appellant alsocontended trial judge should have 'disqualified himself' for bias on basis he had worked in thepast for Department of Social Security - appellant also challenged costs order - whethererroneous reliance on 'guilty pleas as admissions' - held: trial judge erred in finding defencesestablished - no defences established - appeal allowed.Poniatowska[From Benchmark Tuesday, 1 October 2019]

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The Ruin By: Walter de la Mare When the last colours of the day Have from their burning ebbed away, About that ruin, cold and lone, The cricket shrills from stone to stone; And scattering o'er its darkened green, Bands of the fairies may be seen, Chattering like grasshoppers, their feet Dancing a thistledown dance round it: While the great gold of the mild moon Tinges their tiny acorn shoon. https://en.wikipedia.org/wiki/Walter_de_la_Mare

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