Hodge v TCN Channel Nine P/L & Anor [2006] NSWSC 933

New South Wales Supreme Court

CITATION : Hodge v TCN Channel Nine P/L & Anor [2006] NSWSC 933

HEARING DATE(S) : 31/10/05, 1/11/05, 2/11/053/11/05,4/11/05,7/11/05, 8/11/04, 9/11/05, 10/11/05, 11/11/05, 14/11/05,15/11/05, 16/11/05, 17/11/05,18/11/05, 23/11/05, 24/11/05

JUDGMENT DATE : 18 September 2006

JURISDICTION : Common Law

JUDGMENT OF : Smart AJ at 1

DECISION : See para 945 and 946

CATCHWORDS : Highly defamatory segment broadcast on Australian mainland during prime viewing time alleging sexual misconduct on the part of Head Coach of Australian Swimming towards a pupil - Two imputations not justified, one justified on basis of letter written although not followed up - effect and permissibility of contextual imputations - whether imputations statements of fact or comment - Defence of comment - different legal considerations in NSW and other States - publication determines what law applies as to entitlement to damages - If item published in different States law of those various States applies to publication in such States - entitlement to exemplary damages is a matter of substantive law – Conduct of defendants entitled plaintiff to aggravated damages – No entitlement to exemplary damages in NSW but remedy available in other States – Entitlement to special damages for costs of attempting to mitigate damages – amendment of reasons.

Civil Law (Wrongs) Act 2002 (ACT) Crimes Act 1900 Defamation Act 1958 (NSW) Defamation Act 1974 (NSW) LEGISLATION CITED : Defamation Act (NT) Defamation Act 1889 (Qld) Evidence Act 1995 Queensland Defamation Act 1889 WA Criminal Code