Edwards v Nine Network Australia Pty Limited (No 5) [2024] FCA 422

Federal Court of Australia

Edwards v Nine Network Australia Pty Limited (No 5) [2024] FCA 422 File number(s): NSD 129 of 2022

Judgment of: WIGNEY J

Date of judgment: 26 April 2024

Catchwords: DEFAMATION – where defamatory imputations allegedly conveyed by a television program called "A Current Affair" and accompanying articles about dispute concerning the ownership of a supposedly Instagram famous dog named Oscar – the wondrous life and times of Oscar the cavoodle – where alleged imputations included theft and financial exploitation of Oscar and delay of related court proceedings – whether alleged imputations carried or conveyed by the publications – held that most of the imputations were conveyed DEFAMATION – defence of justification – whether substantially true that the applicant "stole" Oscar – where the applicant obtained possession of the dog by a deception – whether applicant had an honest claim of right – defence not established – defence of contextual truth – contextual imputations not substantially true and any damage caused by them would not have "swamped" the damage caused by other imputations DAMAGES – extent of damages for non-economic loss – whether aggravated damages should be awarded – whether pre-publication conduct can be considered for aggravated damages – where defamatory publications damaged applicant's reputation and caused hurt to feelings and distress to applicant – mitigation or reduction of damages as a result of disreputable conduct on the part of the applicant - applicant awarded compensatory and aggravated damages

Legislation: Federal Court of Australia Act 1976 (Cth) s 51A Companion Animals Act 1998 (NSW) ss 7, 12A Crimes Act 1900 (NSW) ss 117, 118, 132 Defamation Act 2005 (NSW) ss 4, 8, 25, 26, 34, 35 Defamation Amendment Act 2020 (NSW) Gazette No 250, 9 June 2023, p 15