Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hayson v The Age Company Pty Ltd (No 2) [2020] FCA 361 File number: NSD 870 of 2017
Judge: BROMWICH J
Date of judgment: 19 March 2020
Catchwords: DEFAMATION – Whether defamatory imputations alleged were conveyed – where same allegations were published earlier in separate articles that were not sued upon – whether aggravated damages warranted – held: the two admitted imputations were conveyed and the three disputed imputations were not – though damages could not be mitigated on the basis of allegations already published elsewhere, allegations in Melbourne-based paper not proven to have damaged Sydney-based reputation – applicant's evidence in relation to hurt feelings overstated
Legislation: Crimes Act 1900 (NSW) s 193Q Amendment (Cheating at Gambling) Act 2012 (NSW) Defamation Act 2005 (NSW) ss 37, 34, 35, 38(c) Casino Control Act 1992 (NSW) Bankruptcy Act 1966 (Cth) Pt X
Cases cited: Ali v Nationwide News Pty Ltd [2008] NSWCA 183 Associated Newspapers Ltd v Dingle [1964] AC 371; [1962] 2 All ER 737 Australian Broadcasting Corporation v Chau Chak Wing [2019] FCAFC 125; 371 ALR 545 Bauer Media Pty Ltd v Wilson (No 2) [2018] VSCA 154; 56 VR 674; 361 ALR 642 Bickel v John Fairfax & Sons Ltd [1981] 2 NSWLR 474 Bristow v Adams [2012] NSWCA 166 Broadcasting Corporation of New Zealand v Crush [1988] 2 NZLR 234 Burstein v Times Newspapers Ltd [2001] 1 WLR 579; [2000] All ER (D) 2384; [2000] EWCA Civ 338 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Cassell & Co Ltd v Broome [1972] AC 1027 Channel Seven Sydney Pty Ltd v Fisher [2015] NSWCA 414 Chau v Fairfax Media Publications Limited [2019] FCA 185 Cornwall v Rowan [2004] SASC 384; 90 SASR 269 Dingle v Associated Newspapers Ltd [1961] 2 QB 162; [1961] 1 All ER 897 Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; 221 ALR 186 Harrison v Pearce (1858) 1 F & F 567; 175 ER 855 Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652; 237 FCR 33 Jameel v Dow Jones & Co Inc [2005] EWCA Civ 75; [2005] QB 946 KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden [2020] NSWCA 28 Lewis v Daily Telegraph Ltd [1964] AC 234 Mirror Newspapers Ltd v Fitzpatrick [1984] 1 NSWLR 643 Pamplin v Express Newspapers Ltd [1988] 1 WLR 116 Reader's Digest Services Pty Ltd v Lamb [1982] HCA 4; 150 CLR 500 Rogers v Nationwide News Pty Ltd [2003] HCA 52; 216 CLR 327 Rush v Nationwide News Pty Ltd (No 2) [2018] FCA 550; 359 ALR 564 Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496 Triggell v Pheeney (1951) 82 CLR 497 Trkulja v Google LLC [2018] HCA 25; 263 CLR 149 Truth (New Zealand) Ltd v Holloway [1961] NZLR 22; [1960] 1 WLR 997 Waterhouse v Broadcasting Station 2GB Pty Ltd (1985) 1 NSWLR 58
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