Chapman v Allan

Chapman & Ors v Allan & Ors is a case concerning a defamation claim brought against the second defendant, Neale Draper, for an article published in Green Left Weekly which the plaintiffs claimed was defamatory of them. The plaintiffs sought to prove that Draper was liable for the republication of the article by the first defendant, Margaret Allan, who was the publisher of the newspaper. The appeal against Draper was dismissed by the District Court and the plaintiffs were awarded $50,000 each in damages. The Full Court found that the District Court erred in finding that Draper was liable for the republication of the article. The Full Court found that the plaintiffs had not proved that Draper had spoken the words attributed to him in the article to Carla Gorton, or that he was liable for the republication of those words. The Full Court held that the Judge had erred in finding that Draper was liable for the republication of the article, and allowed the appeal, setting aside the judgment against Draper and substituting an order that the action by the plaintiffs against Draper be dismissed.