Nationwide News Pty Ltd v Edmund Bateman and Primary Health Care Limited

Nationwide News Pty Ltd sought leave to appeal to the Full Federal Court against orders made by Gray J concerning discovery and interrogatories in defamation proceedings brought by Edmund Bateman and Primary Health Care Limited. The underlying dispute concerned allegations of defamation published by Nationwide News.

The central legal issues before the Full Federal Court were whether documents and interrogatories sought by Nationwide News, relating to the truth of the defamatory material, were relevant to the defence of fair comment, and also to claims of malice and for aggravated or exemplary damages.

The Full Court dismissed Nationwide News' application for leave to appeal. It was held that the truth or falsity of the statements complained of was not relevant to the defence of fair comment, as that defence does not require the truth of the statements. However, the Court found that the truth or falsity of the statements was relevant to the issues of malice and the assessment of aggravated or exemplary damages. Despite this finding of relevance, leave to appeal was refused.