Pedavoli v Fairfax Media Publications Pty Ltd [2014] NSWSC 1674

Supreme Court New South Wales

Medium Neutral Citation: Pedavoli v Fairfax Media Publications Pty Ltd [2014] NSWSC 1674 Hearing dates: 27, 28, 29 October 2014 Decision date: 27 November 2014 Before: McCallum J Decision: Judgment for the plaintiff in the sum of $350,000. Catchwords: DEFAMATION - defences - offer to make amends - requirements of a valid offer - whether offer reasonable in all the circumstances

DEFAMATION - damages - prominent article in major newspaper - imputations attributed to female teacher of sexual impropriety with boys - case of wrongful identification - plaintiff not named in matter complained of but identified by the inclusion of incorrect detail - proper approach for assessing extent of harm - factors aggravating damages Legislation Cited: Defamation Act 2005, s 13, 15, 18, 20, 34, 35 Evidence Act 1995, s 69 Cases Cited: Baltinos v Foreign Language Publications Pty Ltd (1986) 6 NSWLR 85 Carson v John Fairfax & Sons [1993] HCA 31; (1993) 178 CLR 44 Chase v Newsgroup Newspapers Ltd [2002] EWHC 2209 (QB) Channel Seven Sydney Pty Ltd v Mahommed [2010] NSWCA 335; (2010) 278 ALR 232 Hayward v Thompson [1982] QB 47 Rogers v Nationwide News Pty Ltd [2003] HCA 52; (2003) 216 CLR 327 Triggell v Pheeney [1951] HCA 23; (1951) 82 CLR 497 Category: Principal judgment Parties: Melinda Pedavoli (plaintiff) Fairfax Media Publications Pty Ltd (first defendant) Anne Davies (second defendant) Representation: Counsel: B R McClintock SC, M Richardson (plaintiff) T Blackburn SC, R A Jedrzejczyk (defendants) Solicitors: Johnson Winter & Slattery (plaintiff) Banki Haddock Fiora (defendants) File Number(s): 2014/52580 Publication restriction: Non-publication order in respect of "the teacher concerned". There is no constraint on publication of the name of the plaintiff, who is not "the teacher concerned".