Moore v Martin [2026] NSWSC 493
This case on the meaning of ‘serious harm’ for defamation purposes makes 2 important points.
The first (at [24]) is High Court mantra – The starting point for the ascertainment of the meaning of a statutory provision … is the text of the statute, whilst at the same time regard is had to context in its widest sense – including its historical context – and purpose13. This reminds us of the meta elements of the process to be followed in all cases involving the meaning of statutes. The second point (at [25]) is that legislation as part of a national uniform framework ‘should be interpreted consistently throughout the Commonwealth’14. This encourages enhanced comity in national situations15.
This principle is from Episode 135 of interpretation NOW!
Footnotes:
13 Rohan [2024] HCA 3 [25], cf Edmunds [2025] VSCA 31 [152].
14 Marlborough (1993) 177 CLR 485 (492), Farah [2007] HCA 22 [135] cited.
15 cf Lendlease [2025] HCA 19 [109-120], Glover 43 UNSW Law Journal 850.