Stead v Fairfax Media Publications Pty Ltd [2021] FCA 15

FEDERAL COURT OF AUSTRALIA

Stead v Fairfax Media Publications Pty Ltd [2021] FCA 15 File number: NSD 2153 of 2019

Judgment of: LEE J

Date of judgment: 27 January 2021

Catchwords: DEFAMATION – proceeding against journalist and publisher of Australian Financial Review in respect of five publications – eight imputations alleged to have been conveyed – applicant a former director and head of venture capital at listed company – journalist published multiple articles critical of applicant and her conduct and calling her a feminist cretin – consideration of whether imputations conveyed – consideration of whether meanings not substantially different to pleaded imputations conveyed – where Court determined during course of hearing that certain imputations were conveyed – where defence of honest opinion pleaded pursuant to s 31 of Defamation Act 2005 (NSW) – consideration of relevant principles – whether matters an expression of opinion or statements of fact – whether opinions related to a matter of public interest – whether opinions based upon proper material – whether opinions honestly held – four defamatory imputations conveyed – defence of honest opinion not successful DAMAGES – where applicant sought general damages for non-economic loss – where applicant sought aggravated damages – assessment of general damages – where alleged unjustifiable conduct said to support award of aggravated damages – consideration of principles concerning construction of s 35 of Defamation Act 2005 (NSW) – where circumstances of publication and conduct of proceeding relied upon as aggravating conduct – where journalist engaged in sustained campaign of offensive mockery and bullying of applicant – where defence of justification abandoned shortly prior to trial yet respondents did not concede truth could not be proved – circumstances relating to publication warrant award of aggravated damages