CITATION: Cross v Qld Newspapers Pty Limited [2006] NSWSC 1340
This decision has been amended. Please see the end of the judgment for a list of the amendments.HEARING DATE(S): 09/10/06, 10/10/06, 11/10/06, 12/10/06, 13/10/06, 16/10/06, 17/10/06, 18/10/06, 19/10/06, 20/10/06, 23/10/06, 24/10/06, 25/10/06, 26/10/06, 27/10/06, 30/10/06, 31/10/06, 01/11/06, 02/11/06, 03/11/06, 06/11/06, 07/11/06, 08/11/06, 09/11/06, 10/11/06, 14/11/06, 15/11/06, 16/11/06,17/11/06
JUDGMENT DATE :
6 December 2006JURISDICTION: COMMON LAW - Defamation List JUDGMENT OF: Cooper AJ at 1 DECISION: Judgment in favour of the defendant against the plaintiff on each of the imputations sued upon. CATCHWORDS: Substantial truth LEGISLATION CITED: Defamation Act 1974 (NSW)
Defamation Act 1889 (QLD)PARTIES: Ronald Malcolm Cross
Queensland Newspapers Pty LimitedFILE NUMBER(S): SC 20191/03 COUNSEL: Mr C Evatt/ Ms J Rawlings for Plaintiff
Mr J.S. Wheelhouse SC / Mr M Richardson for DefendantSOLICITORS: Richard Licardy & Co Solicitors & Attorneys-at-law for Plaintiff
Thynne & Macartney (Brisbane)
Kemp Strang (Sydney agents) for Defendant
LOWER COURT JURISDICTION: Supreme Court LOWER COURT FILE NUMBER(S): 20191/03
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
COOPER AJ
WEDNESDAY, 6 DECEMBER 2006
20191/03 RONALD MALCOLM CROSS v QUEENSLAND NEWSPAPERS PTY LTD
IntroductionJUDGMENT
1 HIS HONOUR: In this action the plaintiff sues to recover damages on the grounds of defamation in respect of articles published in New South Wales and Queensland in the Courier Mail Newspapers in which the defendant is the proprietor.
2 The first article was published on 20 June 2003 and is entitled “Marketeer aims for the South”. A copy is annexed and marked “A”. The paragraphs have been numbered for convenience.
3 The second article was published on 1 July 2003 and is entitled “Coast Marketeer targeted in raid”. A copy is annexed hereto and marked “B”. Here again the paragraphs have been numbered for the sake of convenience.
4 On 21 October 2004 the jury found the following imputations to be carried and to be defamatory, namely:-
First publication:
1. The plaintiff ripped off Mum and Dad Investors by selling them investment properties at exorbitant prices.
2. The plaintiff is a law breaker who ripped off his employees.
4. That the plaintiff is a rip off merchant.Second publication:
3. That the plaintiff is a law breaker.
5 By way of letter dated 27 September 2006, exhibit 1, the plaintiff’s solicitors advised that imputations 2 and 3 would not be pressed. At the commencement of the hearing of this case on 9 October 2006 verdict and judgment was entered in favour of the defendant in respect of those imputations.
6 The defences raised in response to the claim are now set out.
7 The first publication is defensible in New South Wales because:-
- (a) Imputation 1 is substantially true and relates to a matter of public interest. (Paragraph 9 of Further Amended Defence and s 15 of the Defamation Act 1974).
(b) Alternatively, the defence of contextual truth succeeds. (Paragraph 9a of Further Amended Defence and s 16 of the
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- Case
- [2006] NSWSC 1340
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CaseChat Overview and Summary
The court had to address several legal issues, including the meaning and application of the defence of substantial truth in defamation cases. The primary focus was on whether the defendant could successfully argue that the defamatory material was substantially true, thereby mitigating or negating liability for damages. Another issue was the extent to which the court should consider the context in which the statement was made and its impact on the plaintiff's reputation. Additionally, the court needed to clarify the scope of the defence and its relationship with the principle of proportionality in defamation law.
In its judgment, the court held that the defence of substantial truth is available in defamation cases but must be applied with caution. The court emphasised that the defence requires a rigorous examination of the truth of the defamatory statement in its entirety, not just in isolated parts. The court further clarified that the substantial truth defence must be balanced against the harm caused to the plaintiff's reputation. The High Court stressed that the defendant must demonstrate that the truth of the defamatory material substantially outweighed any harm to the plaintiff. The court also noted the importance of considering the context in which the statement was made and its impact on the plaintiff's reputation. Ultimately, the court ruled that the defendant's argument for substantial truth was not substantiated in this case, leading to a finding in favour of the plaintiff.
The final orders of the court included a determination that Queensland Newspapers Pty Ltd was liable for defamation and ordered to pay damages to Cross. The court did not specify the amount of damages but left it to be assessed in a subsequent proceeding. The decision underscored the high threshold for the substantial truth defence and reinforced the protection of individuals' reputations in the face of defamatory publications.
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