Nationwide News Pty Ltd v El-Azzi

The New South Wales Court of Appeal considered an application by Nationwide News Pty Ltd for leave to appeal a decision of the primary judge in defamation proceedings brought by Mr El-Azzi. The core of the dispute concerned the admissibility of evidence relating to the plaintiff's reputation after the publication of the allegedly defamatory material, and the impact of such evidence on the maintenance of the trial date.

The Court was required to determine whether evidence of the plaintiff's reputation, which emerged after the date of publication of the defamatory material, could be relied upon by the defendant in mitigation of damages. A further issue was whether the Court should grant leave to appeal in circumstances where the appeal would likely necessitate a significant adjournment of the trial, thereby impacting the efficient administration of justice and the importance of maintaining trial dates.

The Court of Appeal dismissed the application for leave to appeal. Their Honours reasoned that the general rule in defamation cases is that evidence of bad reputation can only be led in mitigation of damages if it relates to the plaintiff's reputation at the time of publication. While acknowledging that there may be exceptional circumstances where post-publication evidence could be relevant, the Court found that the present case did not present such circumstances. Crucially, the Court emphasised the importance of maintaining trial dates and the prejudice that would be caused by adjourning the trial to consider the proposed evidence, particularly given the limited prospects of success on appeal. A non-publication order was also made.