SLEEMAN v NATIONWIDE NEWS PTY LTD [2004] NSWSC 954

Reported Decision : (2004) Aust Torts Reports 81-773

New South Wales Supreme Court

CITATION : SLEEMAN v NATIONWIDE NEWS PTY LTD [2004] NSWSC 954 revised - 4/11/2004 HEARING DATE(S) : 18-22 November 2002; 3 December 2002; further submissions 25 March 2003 and 4 April 2003 JUDGMENT DATE : 15 October 2004

JUDGMENT OF : Levine J DECISION : 1. In respect of the cause of action constituted by the imputation "The plaintiff is a dishonest journalist" I award the plaintiff a verdict of $250,000.00.; 2. In respect of the cause of action constituted by the imputation "The plaintiff in writing a piece on Ian Thorpe deliberately gave the false impression that he had spoken to Ian Thorpe recently and at length" I award the plaintiff a verdict of $150,000.00.; 3. I award interest at the rate of 2 per cent for the period 8 June 2000 to 8 October 2004, that is 4 1/3 years, $34,660.00.; 4. I enter judgment for the plaintiff in the sum of $434,660.00.; 5. I order the defendant to pay the plaintiff's costs.; 6. I order the return to the plaintiff of the following exhibits: exhibit C, exhibit D, exhibit P, exhibit S. Otherwise I order that the exhibits be retained for 28 days. In the event of an appeal being instituted in accordance with the Rules of Court the exhibits are to be retained until further order of this Court or the Court of Appeal.

CATCHWORDS : Defamation - principal imputation of dishonesty in a journalist - defence of justification - contextual truth - comment of servant or agent of defendant - comment of a stranger LEGISLATION CITED : Defamation Act 1974 s15, s16, s33, s34, s46A Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 Barbaro v Amalgamated Television Services Pty Ltd (1985) 1 NSWLR 30 Carson v John Fairfax & Sons (1993) 187 CLR 44 Clark v Ainsworth (1996) 40 NSWLR 463 Crampton v Nugawela (1996) 41 NSWLR 176 Crawford v Amalgamated Television Services Pty Ltd (1989) A Def R 50,040 Hanrahan v Ainsworth (1990) 22 NSWLR 73 Horrocks v Lowe [1975] AC 135 CASES CITED : Jamoo v Nationwide News Pty Ltd [2004] NSWSC 126 John Fairfax Publications Pty Ltd & Anor v Jones [2004] NSWCA 205 John Fairfax Publications Pty Ltd v Blake; David Syme & Co v Blake (2001) 53 NSWLR 541 Jones v Dunkel (1959) 101 CLR 298 Konstantinidis v Foreign Media Pty Ltd & Ors [2003] NSWSC 1135 Markovic v White [2004] NSWSC 37 New South Wales Aboriginal Land Council v Perkins (1998) 45 NSWLR 340 Radio 2UE Sydney Pty Ltd v Parker (1992) 29 NSWLR 448 Roberts v Bass (2002) 212 CLR 1 Rogers v Nationwide News Pty Ltd (2003) 201 ALR 184; [2003] HCA 52 RICHARD SLEEMAN (Plaintiff)