NATIONWIDE NEWS PTY LTD v HARTLEY [1996] NSWCA 385

NATIONWIDE NEWS PTY LTD v HARTLEY SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, POWELL and COLE JJA 15 March 1996, 3 April 1996

[1996] NSWCA 385

DEFAMATION — quantum of damages — application of Carson v John Fairfax and Sons Ltd (1993) 178 CLR 44 — damages excessive — new trial

Gleeson CJ I have had the benefit of reading in draft form the judgment of Cole JA. I agree with the orders proposed by his Honour, and with his conclusion that the amount of damages awarded by the jury to the respondent was so high that it was outside the range of what could reasonably be regarded as appropriate to the circumstances of the case.

To the reasons for that conclusion given by Cole JA I would add the observation that, although the article was found to convey the imputations alleged, it also contained a prominent report of a vigorous denial by the respondent of any wrongdoing.

The article was seriously defamatory of the respondent and, directed as it was to a matter of central importance to his public and personal interests, would have caused him substantial hurt and harm.

However, as senior counsel for the appellant pointed out, that does not mean that there is no limit to what could reasonably be awarded by way of damages. In my judgment, the amount awarded was beyond that limit.

Powell JA For the reasons given by Gleeson CJ and Cole JA in their respective Judgments I agree with the orders proposed by Cole JA.

Cole JA One issue only is raised on appeal from the award by a jury of $935,000 damages for defamation for an article published in the Fairfield Advance newspaper on 13 February 1990, namely, are the damages excessive.

In my opinion they are and there must be a new trial.

Christopher John Hartley was 39 years of age at the time of the trial in February 1995. He was a prominent citizen in the Fairfield-Wetherill Park area where he had resided for most of his life. He was educated at Cabramatta and Fairfield leaving school in 1973. In 1984 he took leave of absence from his employment as a clerk with OTC to work as an electoral assistant to Doctor R Klugman, the local federal member. He was then a member of the Australian Labour Party. In his role as electoral assistant he assisted local persons with problems involving departments of Government. He left in OTC in 1987 upon being appointed to the New South Wales Public Service. He was employed by the Department of Courts Administration as a court officer assigned to the Fairfield Local Court from then until February 1990 when the defamatory article was published. Shortly thereafter he was transfered to the Liverpool Local Court where he worked for three years and thereafter to the Campsie Children's Court.