Border Morning Mail v Hansen

The New South Wales Court of Appeal heard an appeal concerning a defamation action brought by Mr. Hansen against the Border Morning Mail. The dispute arose from an article published by the newspaper which Mr. Hansen alleged was defamatory.

The Court of Appeal was required to determine whether the published article was capable of bearing a defamatory meaning, and if so, whether it was in fact defamatory of Mr. Hansen. The appeal also concerned the application of the defence of qualified privilege.

The Court analysed the ordinary meaning of the words published in the article, considering how a reasonable reader would have understood them. It applied established principles of defamation law regarding the imputation of discreditable conduct or characteristics. The Court found that the article was capable of bearing a defamatory meaning and that the defence of qualified privilege was not made out in the circumstances. The appeal was dismissed.