Griffith & Macartney-Snape v Australian Broadcasting Corporation [2008] NSWSC 764

New South Wales Supreme Court

CITATION : Griffith & Macartney-Snape v Australian Broadcasting Corporation [2008] NSWSC 764

14/03/07-16/03/07 19/03/07-23/03/07 26/03/07-27/03/07 29/03/07-30/03/07 HEARING DATE(S) : 02/04/07-05/04/07 10/04/07-13/04/07 25/06/07-29/06/07 02/07/07-06/07/07 11/09/07 5/12/07-06/12/07

JUDGMENT DATE : 1 August 2008

JURISDICTION : Common Law Defamation List

JUDGMENT OF : Kirby J

(1) In respect of the action for defamation by Mr Jeremy Griffith against the ABC and Dr Millikan, there should be a verdict for the defendants. DECISION : (2) In respect of the action by Mr Timothy Macartney-Snape against the same defendants, there should be a verdict for Mr Macartney-Snape in the sum of $448,500. (3) I reserve costs and interest for further submissions . (4) I note that, in the action by Mr Jeremy Griffith against the same defendants in respect of injurious falsehood, I gave judgment for the defendants on 4 July 2007, reserving costs (Griffith v ABC [No 1] [2007] NSWSC 711). Those costs have yet to be determined.

CATCHWORDS : DEFAMATION - second stage defamation trial after 7A trial - three imputations - Four Corners - publication throughout Australia 1995 - defences of justification, qualified privilege (common law and statutory) - fair comment - NSW and interstate equivalent provisions - improper purpose or malice - damages including aggravated damages - causation of damage - other aspects of programme also damaging to reputation but not sued on - whether loss of career as public speaker caused by imputations - claim for exemplary damages.