PRACTICE AND PROCEDURE – where previous judgment erroneously stated that respondents had not pressed a particular part of their defence – where judge consequently failed to consider submissions on the point supposedly not pressed – whether in such circumstances orders previously made can be varied under r 39.05(h) of the Federal Court Rules 2011 (Cth)
DEFAMATION – where separate defamation proceedings initiated in respect of two different sets of publications – where applicant held entitled to damages in one proceeding and the other proceeding settled for a confidential sum – whether the different sets of publications had the “same meaning or effect” for the purposes of ss 38(1)(d) and 38(1)(e) of the Defamation Act 2005 (NSW) – whether amount of damages awarded ought to be reduced on account of the confidential settlement sum
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0159
For more information, see the original judgement.
