Greiss v Seven Network (Operations) Limited (No 2) [2024] FCA 98

FEDERAL COURT OF AUSTRALIA

Greiss v Seven Network (Operations) Limited (No 2) [2024] FCA 98 File number: NSD 292 of 2022

Judgment of: KATZMANN J

Date of judgment: 20 February 2024

Catchwords: DEFAMATION – where journalist tweeted and media organisation reported that applicant stared down a rape victim and spat at or towards her outside courthouse following sentencing of her assailant and pleaded imputations were admittedly conveyed and defamatory – where respondents pleaded defences of justification, contextual truth and honest opinion – whether imputations were substantially true – whether, if not, defences of contextual truth and honest opinion made out – whether additional imputation differed in substance from pleaded imputations – whether matters complained of were expressions of opinion rather than statements of fact – whether opinions based on proper material – whether pleaded imputations not found to be substantially true caused no further harm to applicant – whether aggravated damages should be awarded – whether damages should be mitigated because of applicant's conduct

Legislation: Evidence Act 1995 (Cth) ss 83, 87, 136, 140(2) Federal Court of Australia Act 1976 (Cth) ss 37M, 51A(1) Defamation Act 2005 (NSW) ss 25, 26, 34, 35 Heydon JD, Cross on Evidence (14th ed, LexisNexis, 2024) Milmo P and Rogers W V H (eds), Gatley on Libel and Slander (10th ed, Sweet & Maxwell, 2004) Odgers S, Uniform Evidence Law (18th ed, Lawbook Co, 2023) Macquarie Dictionary (8th ed, Macquarie Dictionary Publishers, 2020) The New Shorter Oxford English Dictionary (4th ed, Clarendon Press, 1993)