Nationwide News Pty Ltd v Rogers

Nationwide News Pty Ltd appealed to the New South Wales Court of Appeal against a verdict and judgment entered against it in favour of the respondent, Rogers, in a defamation proceeding. The dispute concerned the publication of a newspaper article by Nationwide News which Rogers alleged was defamatory.

The Court of Appeal was required to determine whether the published article was substantially accurate, and therefore protected by the defence of fair protected report under the Defamation Act 1974 (NSW). Further issues included whether the defence of common law qualified privilege or statutory qualified privilege was available, and whether the corporate knowledge of the appellant should be taken into account in assessing liability. The court also considered whether the damages awarded were manifestly excessive.

The Court of Appeal found that the article was substantially accurate and that the defences of fair protected report and qualified privilege were made out. The court reasoned that the publication was of public interest and that the appellant had acted without malice. The principles applied included those relating to the defences available in defamation proceedings, particularly the requirements for a fair and accurate report of public proceedings and the common law and statutory extensions of qualified privilege. The court also considered the nature of corporate knowledge in the context of defamation.

Consequently, the appeal was allowed with costs, the verdict and judgment of the trial judge were set aside, and a verdict was entered for the appellant. The respondent was ordered to pay the appellant's costs of the trial.