Cornes v The Ten Group Pty Ltd

Cornes v The Ten Group Pty Ltd involved a defamation claim by the plaintiff, who alleged that the defendants defamed her by broadcasting comments on the television program "Before the Game." Specifically, the plaintiff claimed that a comment made by one of the defendants during a live interview implied she had engaged in sexual intercourse with Stuart Dew. The defendants denied the allegations, arguing that the comment was intended as a joke and that the plaintiff had treated it as such. The court had to decide several legal issues, including whether the words were capable of conveying the defamatory meaning, whether the ordinary reasonable viewer would have understood the comment in the context of the program, and whether the defendants' denials served as an adequate antidote to the alleged defamation.

The court found that the words spoken during the interview were indeed capable of conveying and did convey the defamatory meaning that the plaintiff had had sexual intercourse with Dew. The court held that the ordinary reasonable viewer should not be assumed to have knowledge of the reputations or prior activities of the individuals involved. The denials by the defendants did not sufficiently counteract the defamatory nature of the comment as they left the viewer with conflicting assertions. The court also noted that the use of the word "joke" during negotiations and in evidence was not an admission or concession by the plaintiff. The defence of triviality was also rejected, as the plaintiff demonstrated widespread public knowledge of her marriage. The court concluded that there was sufficient evidence of publication to persons who knew or believed the plaintiff was married at the relevant time.

The court awarded damages in the amount of $85,000.00 to the plaintiff. The court will hear the parties on the form of orders, consequential orders, interest, costs, and related matters.