Erin Molan defamation case faces retrial
Ruling in favour of presenter is set aside as profile case heads back to the High Court.
- Published by David Knox
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- Filed under News
A defamation case won last August by SKY News presenter Erin Molan against Daily Mail Australia is headed to a retrial following an appeal by the publishers.
Molan was previously awarded $150,000 following an article and two tweets by the Daily Mail which accused her of appearing to mock Polynesian names on 2GB in 2020. She maintained the broadcast had nothing to do with mocking someone’s name and ethnicity.
On Friday three judges set aside the ruling and sent the case back to the Federal Court to be re-tried.
Lawyers for the publisher – and for Molan – agreed presiding Justice Robert Bromwich had failed to consider all the evidence originally put forward in Daily Mail Australia’s defence.
Issues that Justice Bromwich will be required to determine include whether Molan was defamed, and if so, whether the publisher can rely upon defences including whether it was ‘contextually’ true she engaged in racist behaviour.
Both sides were also ordered to attempt mediation by the end of the month.
Molan maintains she did not intend to mock anyone and is not racist.