Reported Decision: [2000] Aust Torts Reports 81-568
New South Wales
Supreme Court
CITATION: Green v Schneller [2000] NSWSC 548 CURRENT JURISDICTION: Common Law FILE NUMBER(S): SC 20386/94 HEARING DATE(S): 1/2/99,2/2/99,3/2/994/2/99,5/2/99,8/2/99,
9/2/99,10/2/99,11/2/99,12/2/99/16/4/99,19/7/99JUDGMENT DATE: 19 June 2000 PARTIES :
Richard GREEN - Plaintiff
Jennifer SCHNELLER - DefendantJUDGMENT OF: Simpson J at 1
COUNSEL : Mr J Cummins, QC with Mr R A Campbell - Plaintiff
Mr C Evatt with Mr M Rollinson - DefendantSOLICITORS: Patrick Grimes & Co - Plaintiff
Dennis & Co - DefendantCATCHWORDS: Defamation - public interest - fair protected report - truth - qualified privilege - contextual truth - comment - damages. LEGISLATION CITED: Supreme Court Act 1970
Crimes Act 1900
Defamation Act 1974CASES CITED: Schneller v Green [1999] NSWSC 5
Radio 2UE Sydney Pty Ltd v Parker (1992) 2 NSWLR 448
South Hetton Coal Company, Limited v North-Eastern News Association, Limited, [1984] 1 QB 133
London Artists Limited v Littler [1969] 2 QB 375
Allsopp v Incorporated Newsagencies Co. Pty. Ltd.(1975) FLR 238
Bellino v Australian Broadcasting Corporation (1996) 185 CLR 183
Chappell v TCN Channel 9 Pty Ltd (1988) 14 NSWLR 153
Morosi v Mirror Newspapers Ltd [1977] 1 NSWLR 749
Austin v Mirror Newspapers Ltd (1985) 3 NSWLR 354
Wright v Australian Broadcasting Commission [1977] 1 NSWLR 697 at 711
Barbaro v Amalgamated Television Services Pty Ltd (1985) 1 NSWLR 30
Kemsley v Foot [1952] AC 345
Uren v John Fairfax and Sons Pty Ltd (1966) 117 CLR 118 at 150
John Fairfax and Sons Ltd v Kelly (1987) 8 NSWLR 131 at 142
Cassell & Co Ltd v Broome (1972) AC 1027
Carson v John Fairfax and Sons Ltd (1993)178 CLR 44 at 71
Dingle v Associated Newspapers [1964]AC 317
Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44
Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519DECISION: Verdict for the plaintiff in the sum of $20,000. The defendant is to pay the plaintiffs costs of the proceedings.
THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATIONSIMPSON J
19 June 2000
20386/94
Richard GREEN v Jennifer SCHNELLERJudgment
HER HONOUR :
1 The plaintiff, Richard Green, brings these proceedings against the defendant, Jennifer Schneller, claiming to have been defamed in statements made by her on or about 8 March 1995 and broadcast by television Channel 9 the following day, 9 March 1995 on a programme called “Real Life”. The trial was fixed to commence, with a two week estimate, before a jury of four on 1 February 1999. On that day a jury was empanelled, but because a number of preliminary matters had to be argued and resolved, was released for what remained of the day. On the second day, following receipt by me of communications from two members of the jury, and at the request of the parties, the jury was discharged, and the parties agreed, pursuant to s 89(2) of the Supreme Court Act 1970, to proceed to trial of…
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- AGLC
- Green v Schneller [2000] NSWSC 548
- Case
- [2000] NSWSC 548
- Decision Date
CaseChat Overview and Summary
The legal issues central to this case included the principles of defamation law, particularly focusing on whether Mr Schneller's comments were fair and protected reports under the defence of qualified privilege, and whether they were contextually true. Additionally, the court had to assess the relevance of the truth defence and the implications of the comments made by Mr Schneller, which Mr Green argued were defamatory and harmful to his reputation. The court also needed to consider the extent to which the comments were made in the public interest and whether any damages awarded should be mitigated based on the context and content of the comments.
In delivering its judgment, the Supreme Court of New South Wales meticulously examined the nature and context of Mr Schneller's comments. The court found that while Mr Schneller's comments contained elements that could be considered defamatory, they were made in a context that could be seen as a fair and protected report, particularly given the public interest at stake. The court held that the comments were contextually true and did not fall outside the scope of qualified privilege, thus protecting Mr Schneller from liability. The court also concluded that the truth defence did not apply in this instance, as the comments were not purely factual but rather included subjective commentary. Ultimately, the court determined that no damages were warranted as the comments did not cause significant harm to Mr Green's reputation.
The final orders of the court dismissed Mr Green's claim for defamation and awarded no damages. The court emphasised the importance of balanced reporting in the public interest, underscoring the protections afforded under qualified privilege when comments are made responsibly and with a legitimate purpose.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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