Chel v Fairfax Media Publications (No 7) [2017] NSWSC 996

Supreme Court New South Wales

Medium Neutral Citation: Chel v Fairfax Media Publications (No 7) [2017] NSWSC 996 Hearing dates: 6 February 2017 to 27 February 2017; 31 March 2017 Date of orders: 28 July 2017 Decision date: 28 July 2017 Jurisdiction: Common Law Before: Beech-Jones J Decision: (1) On or before 24 August 2017 the parties file and serve submissions on interest and costs which are not to exceed 6 pages.

(2) The proceedings be listed for mention on 29 August 2017 at 9.30am.

(3) There be liberty to apply. Catchwords: DEFAMATION – damages – jury trial – nightclub owner – imputation that she allowed sex on stage – imputation that she was a menace for failing to prevent drink spiking – other imputations not conveyed or substantially true – mitigation – effect of true imputations – reliance on evidence adduced in support of defence of substantive truth – harm to reputation – plaintiff's evidence of distress addressed both defamatory imputations and other topics – aggravated damages – defence conduct of trial justified – no award of aggravated damages – drink spiking allegation serious – $100,000.00 award Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) Defamation Act 2005 (NSW), ss 22, 29, 34, 35, 38 Cases Cited: Ahmadi v Fairfax Media Publications Pty Ltd [2010] NSWSC 702 Aktas v Westpac Banking Corporation Ltd [2009] NSWCA 9 Aktas v Westpac Banking Corporation [2010] HCA 25; 241 CLR 79 Attrill v Christie [2007] NSWSC 1386 Broome v Cassell & Co [1972] AC 1027 Carson v John Fairfax & Sons Ltd; Carson v Slee [1993] HCA 31; 178 CLR 44 Chakravarti v Advertiser Newspapers Limited [1998] HCA 37; 193 CLR 519 Chel v Fairfax Media Publications Pty Ltd (No 2) [2015] NSWCA 379 Chel v Fairfax Media Publications (No 6) [2017] NSWSC 230 Holt v TCN Channel Nine Pty Ltd [2012] NSWSC 770 Holt v TCN Channel Nine Pty Ltd [2014] NSWCA 90 Jones v Pollard [1997] EMLR 233 McMahon v John Fairfax Publications Pty Limited (No 7) [2013] NSWSC 933 Pamplin v Express Newspapers Ltd [1988] 1 WLR 116 Rogers v Nationwide News Pty Limited [2003] HCA 52; 216 CLR 327 State of New South Wales v Riley [2003] NSWCA 208; 57 NSWLR 496 Triggell v Pheeney [1951] HCA 23; (1951) 82 CLR 497 Category: Principal judgment Parties: Lili Chel (Plaintiff) Fairfax Media Publications Pty Ltd (First Defendant) Vanda Carson (Second Defendant) Representation: Counsel: C Evatt; R Rasmussen; I Kirgiz; J Hennes (Plaintiff) T Blackburn SC; L Barnett (Defendants)