John Fairfax Publications Pty Ltd v Rivkin

John Fairfax Publications Pty Ltd (Fairfax) appealed to the High Court of Australia against a judgment of the Full Federal Court which had dismissed its appeal from a judgment of a single judge of the Federal Court. The dispute concerned the publication of certain articles by Fairfax which the respondent, Mr Rivkin, alleged were defamatory. The primary judge found that the articles were defamatory and awarded damages to Mr Rivkin. Fairfax's appeal to the Full Federal Court was unsuccessful.

The High Court was required to determine whether the articles published by Fairfax were defamatory of Mr Rivkin. Specifically, the court considered whether the imputation conveyed by the articles was that Mr Rivkin had engaged in criminal conduct, namely insider trading, and whether this imputation was justified by the defence of truth. The court also considered the proper application of the defence of triviality.

The High Court, by majority, found that the articles did not convey the imputation that Mr Rivkin had engaged in insider trading. The majority reasoned that while the articles discussed Mr Rivkin's financial dealings and his association with certain companies, they did not contain statements that directly or indirectly asserted he had committed the criminal offence of insider trading. The court held that the defence of truth was therefore not applicable to the alleged imputation of criminal conduct. Furthermore, the majority found that the defence of triviality was not made out, as the imputation, if it had been made, would not have been trivial to Mr Rivkin.

The High Court allowed Fairfax's appeal, set aside the orders of the Full Federal Court and the primary judge, and ordered that judgment be entered for John Fairfax Publications Pty Ltd.