Federal Court of Australia
' Li
i} JUDGMENT No. 4, nf BB
CATCHWORDS DEFAMATION - publication of defamatory material in newspaper - imputations - defence under Defamation Act 1974 (NSW) s.22 - whether conduct of publisher
reasonable in the circumstances - damages - aggravated damages
Austin v Mirror Newspapers Limited (1986) Ac 299
Lewis v Daily Telegraph (1964) AC 234
Mirror Newspapers Limited v Harrison (1982) 149 CLR 293 Wright v Australian Broadcastin Commission (1977)
1 NSWLR 697
JOHN FAIRFAX & SONS LIMITED V. DAVID ISER SMITH
No. ACT G28 of 1987
Sheppard, Morling and Beaumont, JJ SEL £03 <s 18 January 1988 AN .
Re #9 JAI31988
IEDERAL COU
AUSTRALIAN
Pautictra,
Canberra
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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
) No. ACT G28 of 1987 ) )
GENERAL DIVISION
On appeal from the Supreme Court of the Australian Capital Territory
BETWEEN: JOHN FAIRFAX & SONS LIMITED = Appellant
AND: DAVID ISER SMITH Respondent
MINUTE OF ORDER
JUDGES MAKING ORDER
Sheppard, Morling and Beaumont, Jd.
DATE OF ORDER 18 January 1988
WHERE MADE Canberra
o
THE COURT ORDERS AS FOLLOWS:
1. Appeal dismissed. 2. Appellant to pay respondent's costs. Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
) ) No. ACT G28 of 1987 ) ) )
On appeal from the Supreme Court of the Australian Capital Territory
BETWEEN: JOHN FAIRFAX & SONS LIMITED Appellant AND: DAVID ISER SMITH Respondent
CORAM: SHEPPARD, MORLING AND BEAUMONT JJ.
DATE: 18 JANUARY 1988
REASONS FOR JUDGMENT
THE COURT: The appellant is the publisher of the Sun-Herald newspaper. The respondent is the Official Secretary to the Governor-General of Australia. An article which the respondent claims was defamatory of him appeared in the edition of the Sun-Herald published on 6 June 1982. In proceedings in the Supreme Court of the Australian Capital Territory the respondent sued the appellant for damages for defamation. The learned trial judge (Miles C.J.) awarded the respondent damages
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