Ainsworth v Burden [2005] NSWCA 174

Facts: Defendant (D) was sued in defamation for a letter he wrote to a Minister claiming the plaintiff (Pl) was not fit and proper to hold a gaming license. Pl adduced evidence of 5 judgments of the Licensing Court accepting that he was fit & proper and granting the licenses & report of the investigation by police officer (PO) into allegations made by D’s letter. Pl’s case was that D was malicious (he persisted in asserting the truth of allegations in the face of constant rejection, after PO investigation & by the Court). The trial judge (TJ) excluded the evidence of the 5 judgements as it was unfairly prejudicial. 

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