BLEYER v TCN CHANNEL NINE PTY LTD [1993] NSWCA 27

BLEYER v TCN CHANNEL NINE PTY LTD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, CLARKE and SHELLER JJA 9 September 1993, 9 September 1993

[1993] NSWCA 27

DEFAMATION — directions to jury — relevance of evidence — context of evidence in alleged imputations not explained — misdirections. SUMMING UP — unbalanced — judge placed respondents' arguments before jury — appellant's case explained by reference to its criticism of respondents' case.

Mahoney JA The Court is in a position to give judgment on the matter. Clarke JA is to give the first judgment.

Clarke JA. On 9 August 1985 the respondents broadcast from Channel 9 an interview with a number of people and, during the course of the interview, they played back sections of an interview which had taken place between the third respondents and the plaintiff on 6 August.

The plaintiff considered that parts of the broadcast of 9 August defamed him.

He sued to recover damages. He relied upon 5 imputations which he said had been conveyed by the published material. Those imputations were as follows:

(a) the plaintiff had damaged the cause of cell therapy treatment for children suffering from Down's Syndrome; (b) the plaintiff falsely pretends to have knowledge of the Down's Syndrome and its treatment; (c) the plaintiff has insincere motives in promoting the cell therapy treatment for children suffering from Down's Syndrome; (d) the plaintiff has questionable motives in promoting cell therapy treatment for children suffering from Down's Syndrome; and (e) the plaintiff has held himself out as an expert on cell therapy, when he has no expertise or training which can qualify him as such.

The respondents, that is, the publishers, denied that the material was capable of conveying those imputations. It denied that the material in fact conveyed those imputations and raised a number of defences. The only defence which is presently relevant is the defence under s15 of the Defamation Act, that is, that the imputations were matters of substantial truth, and related to matters of public interest.