Markisic v AEA Ethnic Publishers Pty Ltd & Ors

The appellant, Markisic, appealed to the Court of Appeal of New South Wales against the Supreme Court's dismissal of his defamation claim against AEA Ethnic Publishers Pty Ltd and other respondents. The primary judge had entered verdicts for the respondents and awarded judgment accordingly.

The legal issues before the Court of Appeal included whether the primary judge erred in refusing the appellant's applications for a McKenzie friend and for the vacation or adjournment of proceedings. The appeal also concerned whether the appellant's abandonment of the hearing constituted a failure to establish his case, the appropriateness of the standard of proof for defences of truth and contextual truth, and whether the primary judge wrongly admitted witness statements. The appellant also raised issues of apprehended bias.

The Court of Appeal found no substance in the appellant's submissions. It held that by abandoning the hearing and failing to provide evidence to establish his reputation and any injury to it, the appellant left the primary judge with no choice but to award only nominal damages, if any. The court also determined that the appellant had failed to demonstrate any error in the primary judge's interlocutory decisions or final judgment that would warrant appellate intervention. The appellant's numerous grounds of appeal and extensive written submissions were largely repetitive and did not advance his case.

The appeal was dismissed with costs.