Rogers v Nationwide News Pty Limited [2003] HCA 52

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GUMMOW, HAYNE, CALLINAN AND HEYDON JJ

CHRISTOPHER MICHAEL ROGERS APPELLANT

AND

NATIONWIDE NEWS PTY LIMITED RESPONDENT

Rogers v Nationwide News Pty Limited

[2003] HCA 52

11 September 2003

S417/2002

ORDER

1. Appeal allowed with costs. 2. Set aside the orders made by the Court of Appeal of the Supreme Court of New South Wales on 15 March 2002 and, in lieu thereof, order that the appeal to that Court be dismissed with costs.

On appeal from the Supreme Court of New South Wales

Representation:

T K Tobin QC with A S Martin SC and A A Henskens for the appellant (instructed by Harrington Maguire & O'Brien)

B W Walker SC with R G McHugh for the respondent (instructed by Gallagher De Reszke)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

Catchwords

Rogers v Nationwide News Pty Limited

Defamation – Defences – Fair protected report of court proceedings – Later publication of protected report or fair extract – Whether court officer making available reasons for judgment publishes a protected report of court's proceedings – Whether court or court officer a "person" – Whether newspaper article was a later publication of a fair extract, fair abstract or fair summary of a protected report – Whether publisher had knowledge which should make him or her aware that publication not fair – Corporate knowledge of publisher – Defamation Act 1974 (NSW), ss 24(3), 24(4).

Defamation – Defences – Qualified privilege – Reasonableness of conduct of publisher – Defamation Act 1974 (NSW), s 22.

Defamation – Damages – Comparison with other awards of damages for defamation – Comparison with awards of damages for personal injuries – Defamation Act 1974 (NSW), s 46A(2).

Words and phrases – "protected report", "fair extract or fair abstract from, or fair summary", "manifestly excessive".