Cross v Queensland Newspapers Pty Ltd

The appeal concerned a defamation action brought by Cross (the appellant) against Queensland Newspapers Pty Ltd (the respondent). The dispute arose from a newspaper article published by the respondent which conveyed imputations that the appellant cheated ordinary middle-class, middle-aged customers by selling them investment properties at exorbitant prices. The primary judge had found that the defence of truth was made out. The appeal was heard in the Court of Appeal of New South Wales.

The legal issues before the Court of Appeal included whether the primary judge erred in his assessment of the defence of truth, specifically concerning the substantial truth of the defamatory imputations. The court also considered the adequacy of the primary judge's reasons, particularly in relation to his findings on various property transactions and the evidence of expert valuers. Furthermore, the court had to determine the appropriate course of action should the appeal regarding the defence of truth be successful, including whether to determine other defences and damages itself or remit the matter for retrial.

The Court of Appeal allowed the appeal, setting aside the judgment and orders in favour of the respondent. The court found that the primary judge's treatment of the defence of truth was flawed, particularly in his evaluation of the evidence and his application of the substantial truth test. The court noted that the primary judge had made criticisms of expert evidence but had not made definitive findings that would clearly establish the truth of the imputations. Consequently, the matter was remitted to the Common Law Division for consideration of the defences other than that of truth, and for a redetermination of costs.