Advertiser Newspapers Ltd v Peterson

Advertiser Newspapers Ltd (the applicant) sought special leave to appeal to the High Court of Australia from a decision of the Full Court of the Supreme Court of South Australia. The dispute concerned the applicant's liability for defamation arising from an article published in *The Advertiser* newspaper. The respondent, Peterson, was the plaintiff in the defamation proceedings.

The High Court was required to determine whether the Full Court of the Supreme Court of South Australia had erred in upholding the jury's verdict in favour of the respondent. Specifically, the applicant contended that the jury's finding of defamation was not supported by the evidence, and that the trial judge had misdirected the jury on the issue of publication.

The High Court granted special leave to appeal and, after hearing argument, dismissed the appeal. Brennan CJ, Gaudron and Gummow JJ held that the jury's verdict was open to them on the evidence presented. They found that the article, when read in its ordinary and natural meaning, was capable of conveying defamatory imputations concerning the respondent. Furthermore, their Honours were satisfied that the jury had been adequately directed on the issue of publication, and that there was sufficient evidence to support the finding that the article had been published to a third party.