NSW Caselaw
New South Wales Supreme Court
CITATION : McGaw v Channel Seven Sydney Pty Ltd [2006] NSWSC 1147
HEARING DATE(S) : 14 November 2005 - 30 November 2005
JUDGMENT DATE : 2 November 2006
JURISDICTION : Supreme Court
JUDGMENT OF : Rothman J
DECISION : Plaintiff awarded damages of $385,000; Orders to be formalised after hearing the parties on costs and interest.
CATCHWORDS : CIVIL LAW - DEFAMATION - imputations found by jury - imputations known by plaintiff to be false - credit issues - aggravation of damage - renown of plaintiff affects damage occasioned - defamation damage not higher than limit set by statute on non-economic damage in personal injury matters - no purpose of punishment in damages awarded - damages for hurt and distress - damages for damage to reputation - vindicate plaintiff to those who read or hear of judgment
LEGISLATION CITED : Crimes Act 1900 (NSW) Defamation Act 1974 (NSW)
Aldridge v John Fairfax & Sons Ltd [1984] 2 NSWLR 544 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Harrigan v Jones [2001] NSWSC 623 CASES CITED : Meissner v The Queen (1995) 184 CLR 132 Waters v PTC (1991) 173 CLR 349 R v Abboud [2005] NSWCCA 251 Rogers v Nationwide News Pty Ltd (2003) 216 CLR 327
PARTIES : Mark McGaw Channel Seven Sydney Pty Ltd
FILE NUMBER(S) : SC 20340/03
COUNSEL : P: Mr T Molomby SC, Mr A Gemmell D: Mr T E F Hughes AO QC, Mr K P Smark
SOLICITORS : P: Colin W Love & Co D: Mallesons Stephen Jaques
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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