Roberts-Smith v Fairfax Publications Pty Limited (Reopening Application)

The interlocutory application in Roberts-Smith v Fairfax Publications Pty Limited (Reopening Application) involved an attempt by the appellant, Mr Ben Roberts-Smith, to reopen an appeal against a defamation judgment that had already been reserved. The respondents, Fairfax Publications, opposed the application on the basis that it was an attempt to introduce new evidence and grounds for appeal long after the trial had concluded and the appeal had been heard. The key issue before the court was whether the appellant's application to amend the notice of appeal and adduce further evidence was permissible under the circumstances and whether it had prospects of success. The court held that the application was not in the interests of justice, primarily because the alleged misconduct by one of the respondents, Mr McKenzie, was not substantiated by the evidence provided. The court found that the audio recording, which was the basis for the new evidence, did not significantly alter the evidentiary landscape and did not demonstrate the necessary culpability on the part of Mr McKenzie to warrant reopening the appeal. Consequently, the application was dismissed with costs.