Gacic v John Fairfax Publications Pty Ltd [2015] NSWCA 99

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gacic v John Fairfax Publications Pty Ltd [2015] NSWCA 99 Hearing dates: 29 September 2014 Date of orders: 16 April 2015 Decision date: 16 April 2015 Before: McColl JA at [1]; Macfarlan JA at [214]; Barrett JA at [230] Decision: (1) Appeal allowed. (2) Cross-appeal allowed. (3) Set aside the judgments at first instance on damages and interest. (4) Judgment to be entered in favour of each appellant in an amount to be determined in accordance with the Court's reasons. (5) Note that that component of each judgment calculated in respect of the sum of $175,000 takes effect as of 18 December 2009. (6) Note that that component of each judgment calculated in respect of the sum of $20,000 takes effect as of 22 June 2012. (7) If the parties are able to agree as to the amount of the judgments (inclusive of interest) to be entered in accordance with these reasons for judgment, direct that within 7 days they file a form of consent order in the Court of Appeal Registry. (8) If the parties are unable to so agree, direct that they file proposed forms of orders and submissions in support as follows: (a) The appellants within 14 days of the date of this judgment (b) The respondents within 14 days thereafter (c) Any reply within a further 7 days. (9) Respondents to pay the appellants' costs of the appeal. (10) Appellants to pay the respondents' costs of the cross-appeal. Catchwords: DEFAMATION – respondents found to have published review defamatory of appellants' conduct as restaurateurs in relation to two restaurants they conducted – assessment of damages – aggravated damages – whether primary judge awarded the appellants amounts referrable to the hurt to feelings occasioned by the respondents failure to apologise and the falsity of the imputations –