Harrigan v Jones [2001] NSWSC 623

(2001) Aust Torts Reports 81-621 Reported Decision : [2001] NSWSC 623 [2001] ACL Rep 145 NSW 35

New South Wales Supreme Court

CITATION : Harrigan v Jones [2001] NSWSC 623 CURRENT JURISDICTION: Common Law Division Defamation List FILE NUMBER(S) : SC 20486/99 HEARING DATE(S) : 25/06/01-02/07/01 JUDGMENT DATE : 27 July 2001

PARTIES : Bill Harrigan - Plaintiff Alan Jones - Defendant JUDGMENT OF : Mathews AJ

COUNSEL : C Evatt; M Rollinson - Plaintiff B McClintock SC; BA Connell - Defendant SOLICITORS : Williamsons Solicitors - Plaintiff Bush Burke & Company - Defendant CATCHWORDS : DEFAMATION - Defences - JUSTIFICATION - Defamation Act 1974, s 15 - truth based on statistical information - defendant claimed statistics showed referee was biased - held, statistical information inadequate to prove the truth of the imputations - COMMENT - Defamation Act 1974, s 32 - whether imputations were opinion or statements of fact - held, imputations were opinion - whether comment was based on proper material for comment - s 30 - some factual statements not substantially true - whether comment represented an opinion which might reasonably be based on material which was substantially true - s 30(3)(b) - objective reasonableness - held, material not reasonably capable of supporting opinion - QUALIFIED PRIVILEGE - Defamation Act 1974, s 22(1)(c) - whether defendant's conduct reasonable in the circumstances - defendant's conclusions did not follow logically, fairly or reasonably from information provided - held, defendant's conduct not reasonable - UNLIKELIHOOD OF HARM - Defamation Act 1974, s 13 - whether denial of defamatory statement by third party neutralised sting - defence not made out - DAMAGES - Defamation Act 1974, ss 46, 46A - relevant considerations Defamation Act 1974 LEGISLATION CITED : Workers Compensation Act 1987 Motor Accidents Act 1988 Radio 2UE Sydney Pty Ltd v Parker (1992) 29 NSWLR 448 NSW Aboriginal Land Council v Perkins (1998) 45 NSWLR 340 Gardiner v John Fairfax & Sons Pty Ltd (1942) 42 SR (NSW) 171 Petritsis v Hellenic Herald Pty Ltd [1978] 2 NSWLR 174 CASES CITED : Morgan v John Fairfax & Sons Ltd [No 2] (1991) 23 NSWLR 374 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 Stephens v Western Australia Newspapers (1994) 182 CLR 211 Chappell v Mirror Newspapers Ltd (1984) Aust Torts Reports 80 - 691 Carson v John Fairfax & Sons Limited (1993) 178 CLR 44 Hepburn v TCN Channel 9 Pty Ltd [1983] 2 NSWLR 664 DECISION : Verdict for the plaintiff in the sum of $60,000 in relation to the first imputation and $15,000 in relation to each of the second and third imputations; I reserve the questions of interest and costs until a date to be fixed.