Hanson-Young v Leyonhjelm (No 4) [2019] FCA 1981

FEDERAL COURT OF AUSTRALIA

Hanson-Young v Leyonhjelm (No 4) [2019] FCA 1981 File number: NSD 1370 of 2018

Judge: WHITE J

Date of judgment: 25 November 2019

Catchwords: DEFAMATION – multiple publications – whether the imputations concerning the Applicant which the Respondent admitted had been conveyed were defamatory of her – whether an imputation which is otherwise defamatory may not be defamatory when published by one politician concerning another politician – whether defamatory imputations were rendered "anodyne" or "drowned out" by the surrounding context – extent to which the publications diminished the Applicant's reputation – whether the defence of justification established – whether the defence of statutory qualified privilege established – whether evidence and submissions in the proceedings infringed s 16(3) of the Parliamentary Privileges Act 1987 (Cth) and, if so, whether the proceedings should be permanently stayed. DEFAMATION – defences – justification under s 25 of the Defamation Act 2005 (NSW) – whether the Applicant had in fact made the statement attributed to her by the Respondent on which he had based the defamatory imputations – reliability of eyewitness accounts – qualified privilege – whether the Respondent's conduct was reasonable – whether the Respondent was actuated by malice. DEFAMATION – remedies – assessment of damages – whether the Applicant is entitled to aggravated damages – whether hurt and distress suffered by the Applicant derived from an imputation that was not pleaded.

Legislation: Australia Constitution s 49 Evidence Act 1995 (Cth) s 136 Parliamentary Privileges Act (1987) (Cth) s 16 Federal Court Rules 2011 (Cth) rr 16.02, 16.03, 16.08, 16.41 Defamation Act 1974 (NSW) ss 15, 22 Defamation Act 2005 (NSW) ss 4, 25, 30, 31, 33, 34, 35, 36, 38 Bill of Rights 1688 Art 9