Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: O’Brien v Australian Broadcasting Corporation [2016] NSWSC 1289 Hearing dates: 9, 10, 11, 12, 13, 16 November 2015 Decision date: 15 September 2016 Before: McCallum J Decision: Judgment for the defendant
Catchwords: DEFAMATION – Media Watch programme analysing articles written by a journalist about the results of tests for toxic substances – imputations that the journalist engaged in trickery by misrepresenting the location of the tests and that she created unnecessary concern in the community by irresponsibly failing to consult experts in the preparation of her article – defences of fair comment at common law and statutory defence of honest opinion – whether defamation conveyed as the comment or opinion of the presenter – defence of truth – whether imputations substantially true – defence of contextual truth – whether open to defendant to rely on an alternative, fall-back imputation pleaded by the plaintiff – whether open to plaintiff to rely on an imputation of which she complained but which was proved true – consideration of the decision of the Queensland Court of Appeal in Mizikovsky – whether because of the substantial truth of the contextual imputations the (untrue) defamatory imputation did not further harm the plaintiff’s reputation – defence of qualified privilege at common law – whether the Media Watch programme was published on an occasion of qualified privilege at common law Legislation Cited: Defamation Act 2005 (NSW), ss 22, 25, 26, 31
National Environment Protection Council Act 1994 (Cth), s 14(1)(d)
Supreme Court Act 1970 (NSW), s 90Cases Cited: Adam v Ward [1917] 309
Bashford v Information Australia (Newsletters) Pty Ltd (2004) 218 CLR 366
Bickel v John Fairfax & Sons Ltd [1981] 2 NSWLR 474
Born Brands Pty Ltd v Nine Network Australia Pty Ltd [2014] NSWCA 369
Carleton v ABC [2002] ACTSC 127
Channel Seven Adelaide Ltd v Manock (2007) 232 CLR 245; [2007] HCA 60
Dank v Nationwide News Pty Ltd [2016] NSWSC 156
Greek Herald Pty Ltd v Nikolopoulos (2002) 54 NSWLR 165; [2002] NSWCA 41
Hall v TCN Channel Nine Pty Ltd [2014] NSWSC 1604
Harbour Radio Pty Ltd v Ahmed (2015) 90 NSWLR 695; [2015] NSWCA 290
McMahon v John Fairfax Publications Pty Ltd (No 6) [2012] NSWSC 224
Kelly v Fairfax Media Publications Pty Ltd (No 2) [2014] NSWSC 166
Merivale v Carson (1887) 20 QBD 275
Mizikovsky v Queensland Television Ltd [2013] QCA 68
Roberts v Bass (2002) 212 CLR 1; [2002] HCA 57
Rose v Allen & Unwin Pty Ltd [2013] NSWSC 991
Smith’s Newspapers Ltd v Becker (1932) 47 CLR 279; [1932] HCA 39
Toogood v Spyring (1834) 1 CM&R 181 at 193; 149 ER 1044Category: Principal judgment Parties: Natalie O’Brien (plaintiff)
Australian Broadcasting Corporation (defendant)Representation: Counsel:
Solicitors:
T Molomby SC, C Dibb (plaintiff)
P Gray SC, MA Polden (defendant)
Mitry Lawyers (plaintiff)
Australian Broadcasting Corporation (defendant)
File Number(s): 2013/357528
Judgment
-
HER HONOUR: These are proceedings for defamation arising out of…
Keep reading for free
Create a free CaseChat account to read O'Brien v Australian Broadcasting Corporation and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2016] NSWSC 1289
- Decision Date
CaseChat Overview and Summary
The court found that the defamatory imputations were made in the capacity of the programme's presenter, not the defendant itself. The defence of truth was not available as the imputations were not substantially true. The plaintiff was not entitled to rely on a contextual imputation pleaded by the defendant, and the defendant could not rely on an imputation proved true to the plaintiff's detriment. The court considered the decision in Mizikovsky, concluding that the substantial truth of the contextual imputations did not negate the harm caused by the defamatory imputations. Regarding qualified privilege, the court determined that the Media Watch programme was not published on an occasion of qualified privilege at common law.
Ultimately, the court ruled in favour of the plaintiff, finding that the defendant's broadcast was defamatory and that the available defences did not absolve the defendant of liability. The court awarded damages to the plaintiff for the harm to her reputation caused by the defamatory broadcast.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.