Lam v Nationwide News Pty Ltd - [2000] NSWSC 792

CITATION: Lam v Nationwide News Pty Ltd [2000] NSWSC 792

CURRENT JURISDICTION: Common Law

FILE NUMBER(S): SC 20109/97

HEARING DATE(S): 26 June-28 June 2000, 6 July 2000

JUDGMENT DATE: 11 August 2000

PARTIES :

Le Lam (Plaintiff)
Nationwide News Pty Limited (Defendant)

JUDGMENT OF: Studdert J

COUNSEL : R. Campbell/W. Andrews (Plaintiff)
T.S. Hale SC/ E.A. White (Defendant)

SOLICITORS: Greenaway & Tohme (Plaintiff)
Cropper Parkhill (Defendant)

LEGISLATION CITED: Defamation Act

CASES CITED: Lange v Australian Broadcasting Corporation (1997) 189 CLR 520
Austin v Mirror Newspapers (1985) 3 NSWLR 354
Morgan v John Fairfax & Sons Limited (1991) 23 NSWLR 374
Hunt v Star Newspaper Co. Limited [1908] 2 KB 309
Thompson v Truth and Sportsman Limited (1934) 34 SR 21
Kemsley v Foot [1952] AC 345
Pervan v North Queensland Newspaper Co. (1992-1993) 178 CLR 309
Goldsborough v John Fairfax & Sons Limited (1934) 34 SR 524
Broome v Cassell & Co Limited [1972] AC 1027
Carson v John Fairfax & Sons Limited (1993) 178 CLR 44

DECISION: See para 58

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
STUDDERT J
Friday 11 August 2000

20109/97 LE LAM v NATIONWIDE NEWS PTY LIMITED
JUDGMENT
1   HIS HONOUR: In this cause Le Lam seeks damages from Nationwide News Pty Limited, claiming to have been defamed in an item published in the Parramatta Advertiser on 9 May 1996.
2   Earlier this year, on 3 February 2000, a jury determined in the plaintiff’s favour that the newspaper article conveyed the following imputation which it found to be defamatory of the plaintiff:

“That she is reasonably suspected of obtaining a dishonest financial benefit for herself through her office as Deputy Mayor of the Auburn Council in CIA Real Estate’s procurement of a tender with that Council.”

3   In the further hearing before this Court the defendant relied upon defences of qualified privilege at common law and under s 22 of the Defamation Act, and the plaintiff, by way of reply, pleaded malice. I state the issues arising on the pleadings very shortly at this stage, but, of course, it will be necessary to return to consider them in detail later.
4   The Parramatta Advertiser is circulated in Auburn, Berala, Clyde, Granville, Homebush Bay, Lidcombe, Regents Park, Rookwood, Silverwater, Woodville, parts of Chester Hill, Flemington and Sefton. Answers to interrogatories disclose that 29,000 copies of the edition published on 8 May 1996 were circulated. That edition had a front page item under a prominent banner:

“’IMMORAL’ DEAL

Row over council decision”

5   The text of the article, to the extent that it appeared on p 1, was as follows, and I number the paragraphs for ease of reference:

“1. The Independent Commission Against Corruption will assess a controversial Auburn Council tender awarded to the deputy mayor’s real estate agency last week.

2. In confidential session, council endorsed CIA Real Estate’s tender to manage 16 council properties, understood to be worth about $15,000 over three years.

3. Independent councillor Le Lam is…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2000] NSWSC 792
Decision Date: 11 August 2000

CaseChat Overview and Summary

Le Lam, the plaintiff, sought damages against Nationwide News Pty Limited, the publisher of the Parramatta Advertiser, alleging defamation. The alleged defamatory article was published on 9 May 1996 and related to a controversial tender awarded to CIA Real Estate, a company of which Ms Lam was a director and licensee, by the Auburn Council. The jury found that the article conveyed the imputation that Ms Lam had reasonably obtained a dishonest financial benefit through her office as Deputy Mayor of the Auburn Council in CIA Real Estate's procurement of a tender with the Council, and that this imputation was defamatory. The defences of common law qualified privilege, statutory qualified privilege, and comment were considered and rejected by Studdert J. Damages were assessed at $70,000 plus interest of $5,950, making the total amount of damages awarded $75,950. The court reserved the question of costs for later determination.

Orders