Court of Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Bailey v WIN Television NSW Pty Ltd [2020] NSWCA 352 Hearing dates: 21 September 2020 Date of orders: 22 December 2020 Decision date: 22 December 2020 Before: Meagher JA at [1];
White JA at [5];
Simpson AJA at [16]Decision: 1. To the extent necessary, leave to appeal is granted;
2. The appeal is dismissed;
3. The appellant is to pay the respondents’ costs of the appeal.
Catchwords: DEFAMATION – defamatory matter – where news report on termination of General Manager of Council – where report referred to allegations of bullying and intimidation – whether imputation conveyed that General Manager bullied and intimidated staff
DEFAMATION – defences – statutory qualified privilege – reasonableness – relevance of propositions stated in Morgan v John Fairfax Ltd [No 2] (1991) 23 NSWLR 374
Legislation Cited: Defamation Act 1958 (NSW)
Defamation Act 1974 (NSW)
Defamation Act 2005 (NSW)
Defamation Amendment Act 2002 (NSW)
Supreme Court Act 1970 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)Cases Cited: Aktas v Westpac Banking Corporation (2010) 241 CLR 79; [2010] HCA 35
Austin v Mirror Newspapers Ltd (1985) 3 NSWLR 354
Barbaro v Amalgamated Television Services Pty Ltd (1990) 20 NSWLR 493
Braddock v Bevins [1948] 1 KB 580
Capital and Counties Bank Ltd v Henty & Sons (1882) 7 App Cas. 741
Cummings v Fairfax Digital Australia & New Zealand Pty Ltd (2018) 99 NSWLR 173; [2018] NSWCA 325
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
John Fairfax Publications Pty Ltd v Zunter [2006] NSWCA 227
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520; [1997] HCA 25
Lee v Lee; Hsu v RACQ Insurance Limited; Lee v RACQ Insurance Limited [2019] HCA 28
Lewis v Daily Telegraph Ltd [1963] 1 QB 340
Lewis v Daily Telegraph Ltd [1964] AC 234
Marshall v Megna [2013] NSWCA 30
Morgan v John Fairfax & Sons Ltd (1990) 20 NSWLR 511
Morgan v John Fairfax & Sons Ltd [No 2] (1991) 23 NSWLR 374
Nationwide News Pty Ltd v Rush [2020] FCAFC 115
Radio 2UE Sydney Pty Ltd v Chesterton (2009) 238 CLR 460; [2009] HCA 16
Roberts v Bass (2002) 212 CLR 1; [2002] HCA 57
Robinson Helicopter Company Incorporated v McDermott [2016] HCA 22
Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496
Stoltenberg v Bolton; Loder v Bolton [2020] NSWCA 45
Toogood v Spyring [1834] Eng R 363; (1834) 1 Cr MR 181; 149 ER 1044
Texts Cited: New South Wales, Parliamentary Debates, Legislative Council, 5 December 2002 at 7774.
Category: Principal judgment Parties: Roger Bailey (Appellant)
WIN Television NSW Pty Ltd (1st Respondent)
WIN Corporation Pty Limited (2nd Respondent)Representation: Counsel:
Solicitors:
D R Sibtain/L Barnett (Appellant)
S T Chrysanthou SC/B Dean (Respondents)
Mills Oakley (Appellant)
Banki Haddock Fiora (Respondents)
File Number(s): 2020/113927 Decision…
Continue reading Bailey v Win Television NSW Pty Ltd
Sign in free to access the full text
- AGLC
- Bailey v Win Television NSW Pty Ltd [2020] NSWCA 352
- Case
- [2020] NSWCA 352
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court of Appeal was whether the television report, in its context, conveyed the imputation that Bailey had bullied and intimidated staff. A secondary issue, arising in the context of the defence of statutory qualified privilege, concerned the application of the reasonableness test as established in *Morgan v John Fairfax Ltd [No 2]*.
The Court of Appeal, comprising Meagher and White JJA and Simpson AJA, found that the primary judge had correctly determined that the television report did not convey the imputation that Bailey had bullied and intimidated staff. The court reasoned that the report accurately reflected the subject matter of the council's investigation and the reasons for Bailey's termination, without asserting the truth of the allegations of bullying and intimidation as fact. The court also considered the defence of statutory qualified privilege, applying the principles of reasonableness from *Morgan v John Fairfax Ltd [No 2]*, and found it was not established.
Consequently, the Court of Appeal dismissed the appeal, granting leave to appeal only to the extent necessary. The appellant, Bailey, was ordered to pay the respondents’ costs of the appeal.
Orders
Orders of the court
1. To the extent necessary, leave to appeal is granted;
2. The appeal is dismissed;
3. The appellant is to pay the respondents’ costs of the appeal.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.