Random House Australia Pty Ltd v Abbott [1999] FCA 1538

FEDERAL COURT OF AUSTRALIA

Random House Australia Pty Ltd v Abbott [1999] FCA 1538 DEFAMATION – meaning of publication - natural and ordinary – false innuendo – whether particulars of meaning required to be pleaded as imputations or false innuendos – whether publication conveyed imputations as pleaded – whether imputation of lacking personal integrity defamatory - whether imputation of shallow political commitment defamatory – whether imputation of being of weak and unreliable character defamatory – whether trial judge erred in reading "sexually promiscuous" as meaning "guilty of unchastity" – whether publication bore an imputation of unchastity – whether imputation of sexual promiscuity defamatory – whether imputation of unchastity defamatory – whether imputation of low moral standards defamatory – whether imputation of being a political manipulator was defamatory. DEFAMATION – procedural fairness – whether the appellant was denied natural justice when trial judge found an imputation not pleaded was conveyed by the publication. DEFAMATION – damages – whether award of damages excessive - whether failure to apologise justified an award of ordinary compensatory damages – whether failure to apologise gives rise to aggravated damages - whether respondent received double compensation for failure to apologise in award for ordinary compensatory damages and aggravated compensatory damages. John Fairfax v Punch (1980) 31 ALR 624 referred to Alexander v Jenkins [1892] 1 QB 797 cited Chakravarti v Advertiser Newspapers (1998) 193 CLR 519 considered Reader's Digest Services Pty Ltd v Lamb (1982) 150 CLR 500 considered Lewis v Daily Telegraph Ltd (1964) AC 234 cited Uren v John Fairfax & Sons Pty Ltd (1966) 117 CLR 118 cited Fletcher v Autocar and Transporters Limited [1968] 2 QB 322 cited Rookes v Barnard [1964] AC 1129 referred to Broome v Cassell & Co Ltd [1972] AC 1027 considered Crampton v Nugawela (1996) 41 NSWLR 176 cited Coyne v Citizen Finance Limited (1991) 172 CLR 211 referred to Humphries v TWT Ltd (1994) 120 ALR 693 considered Australian Broadcasting Commission v Comalco Ltd (1986) 68 ALR 259 cited David Syme & Co Ltd v Grey (1992) 115 ALR 247 cited Hadzel v De Waldorf (1970) 16 FLR 174 cited Cairns & Morosi v John Fairfax & Sons Ltd [1983] 2 NSWLR 708 considered Maisel v Financial Times Ltd (No 1) (1915) 84 LJKB 2145 cited Woodger v Federal Capital Press of Australia Pty Ltd (1992) 107 ACTR 1 cited Polly Peck (Holdings) Plc v Trelford [1986] QB 1000 cited Clark v Ainsworth (1996) 40 NSWLR 463 considered Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 cited Cooke and The Australian Liquor, Hospitality and Miscellaneous Workers' Union v Wood, unreported, Ormiston, Charles and Batt JJA, 11 December 1997, considered Fleming, The Law of Torts, 9th ed. 1998 Gatley on Libel and Slander, 8th ed. 1981 McDonald, Irish Law of Defamation, 2nd ed. 1989 Defamation and Related Action in Scots Law, 1st ed. 1995 The Macquarie Dictionary, 2nd and 3rd eds. The Oxford English Dictionary, 2nd ed.