Evatt v Nationwide News Pty Ltd

The appeal in *Evatt v Nationwide News Pty Ltd* concerned a defamation action brought by the appellant against the respondent. The central dispute revolved around the publication of defamatory material by the respondent, and whether the respondent could successfully rely on the defence of statutory qualified privilege. The matter was heard in the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the respondent's conduct in publishing the defamatory material was reasonable in the circumstances, as required by the defence of statutory qualified privilege. Specifically, the court had to consider whether the respondent had established that its conduct was reasonable in relation to the imputation of the defamatory material as found by the jury, even if that imputation was not intended by the publisher.

The court reasoned that while the jury had found that the imputation of the defamatory material was not intended by the respondent, and that the respondent had believed in a different meaning, this did not automatically establish the defence of qualified privilege. The defence requires the publisher's conduct to be reasonable in relation to the imputation that was *in fact* conveyed. The court found that the respondent had failed to demonstrate that its conduct was reasonable in relation to the imputation that the jury had found to be defamatory, and therefore the defence of statutory qualified privilege was not made out.

Consequently, the appeal was allowed. The judgment for the defendant and the order for costs at first instance were set aside, and judgment was entered for the plaintiff for $20,000. The respondent was ordered to pay the appellant's costs of both the proceedings at first instance and the appeal.