AAMAC Warehousing & Transport Pty Limited v Fairfax Media Publications Pty Ltd

AAMAC Warehousing & Transport Pty Limited (the applicant) sought a further stay of orders made by the primary judge pending an appeal against those orders, which were made in favour of Fairfax Media Publications Pty Ltd (the respondent). The dispute concerned allegations of injurious falsehood.

The Court of Appeal was required to determine whether there was a serious question to be tried in relation to the applicant's appeal, specifically whether malice could be established for the purposes of the tort of injurious falsehood. Additionally, the court considered whether the discretionary procedural decisions of the trial judge warranted review.

Campbell JA refused the application for a further stay of orders. The court found that the applicant had not demonstrated a serious question to be tried, particularly in relation to the element of malice required for injurious falsehood. The judge also indicated that the discretionary decisions of the trial judge were unlikely to be overturned on appeal. Consequently, the applicant was ordered to pay the respondent's costs of the motion.