Nationwide News Pty Ltd v Weatherup

Nationwide News Pty Ltd, the publisher of the Northern Territory News, brought an appeal against Weatherup, the respondent, in relation to a defamation action. The primary judge found in favour of Weatherup, awarding him damages and ordering Nationwide News to pay costs on an indemnity basis. The issues before the court were whether the jury's findings that two defamatory imputations were not substantially true were ones that no reasonable jury could make and whether the trial judge erred in ordering that costs be assessed by regard to the Supreme Court scale. The court found that the jury’s finding that the contextual imputation was not substantially true was one that no reasonable jury could make and ordered that finding be set aside and replaced with a finding that the imputation was substantially true. The court further found that the trial judge erred in ordering that costs be assessed on the Supreme Court scale and set aside the order for costs, ordering that the defendant pay the plaintiff’s costs on an indemnity basis, having regard to the District Court scale. The appeal was allowed in part, and the orders were made as stated in the judgment.