Feldman v Nationwide News Pty Ltd

The appeal in *Feldman v Nationwide News Pty Ltd* concerned a defamation action brought by the appellant against the respondent. The core of the dispute revolved around the admissibility of evidence given by the appellant to the Royal Commission into Institutional Responses to Child Sexual Abuse, which the respondent sought to rely on in its defence. The appeal was heard by Bell P, Macfarlan and Payne JJA of the Court of Appeal of New South Wales.

The legal issues before the Court of Appeal included whether section 6DD of the *Royal Commissions Act 1902* (Cth) prohibited the admission of the appellant's evidence given to the Royal Commission in aid of the respondent's defence to the defamation action. This required the Court to determine the scope of section 6DD, specifically whether it only precluded the admission of such evidence to establish civil or criminal liability of the person who gave it. Additionally, the Court considered whether the publications by the respondent were substantially accurate for the purposes of a fair report defence, whether the pleaded imputations were carried to the ordinary reasonable reader, and whether the defence of justification (truth) was established. An issue of apprehended bias concerning the primary judge was also raised.

The Court of Appeal reasoned that section 6DD of the *Royal Commissions Act 1902* (Cth) did not prevent the admission of the appellant's evidence given to the Royal Commission in the context of the defamation proceedings. The Court found that the section's prohibition was limited to using such evidence to establish civil or criminal liability against the witness. The Court further held that the publications were substantially accurate and that the defences of fair report and justification were available to the respondent. The allegation of apprehended bias was also dismissed.

The appeal was dismissed with costs.