Rene Rivkin v Amalgamated Television Services Pty Limited [2002] NSWSC 496

New South Wales Supreme Court

CITATION : Rene Rivkin v Amalgamated Television Services Pty Limited [2002] NSWSC 496 FILE NUMBER(S) : SC 20086/98 HEARING DATE(S) : 27/05/02, 28/05/02, 29/05/02, 30/05/02 JUDGMENT DATE : 18 June 2002

PARTIES : Plaintiff: Rene Rivkin Defendant: Amalgamated Television Services Pty Limited JUDGMENT OF : Cripps AJ

Plaintiff: B R McClintock SC & M Richardson COUNSEL : Defendant: R Stitt QC & M Lynch Plaintiff: Gilbert & Tobin SOLICITORS : Defendant: Mallesons Stephen Jacques CATCHWORDS : Defamation - defences - s13, s22 - common law qualified privilege - damages LEGISLATION CITED : Defamation Act (1974) NSW Wright v Australian Broadcasting Commission 1977 1 NSWLR 697 CASES CITED : Morgan v John Fairfax & Sons Ltd 23 NSWLR 374 Barbro v Amalgamated Television Services 1990 - 199120 NSWLR 493 DECISION : The plaintiff is awarded damages in the sum of $150 000.00

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

CRIPPS AJ

18 June 2002

20086/98 Rene Rivkin v Amalgamated Television Services Pty Limited

JUDGMENT 1 His Honour: On 4 March 1998, Amalgamated Television Services (the defendant) broadcast a television program called "Witness". The program was concerned with the circumstances surrounding the death of Caroline Byrne, whose body was found at the bottom of the Gap at Watson's' Bay in the early hours of 8 June 1995.

2 The interviewer referred to the fact that the Coroner made an open finding concerning the cause of Ms Byrne's death – misadventure, suicide or murder. Ms Byrne's partner prior to her death was Mr Wood, who was interviewed in a manner that suggested that he was unlawfully involved in her death – if not that he murdered her.