Recent Cases

V’landys v Australian Broadcasting Corporation [2023] FCAFC 80 (26 May 2023) (Rares, Katzmann and O’Callaghan JJ)


Catchwords:


DEFAMATION – appeal against primary judge’s findings that no imputations conveyed in trial by judge alone – whether primary judge erred in making findings of characteristics of ordinary reasonable viewer of matter complained of without evidence – whether primary judge entitled to have regard to own first or final impressions of whether imputations conveyed – where new case not put to primary judge raised on appeal – Held: appeal dismissed.