Obeid v John Fairfax Publications Pty Ltd

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Reported Decision:

68 NSWLR 150

New South Wales


Supreme Court


CITATION: Obeid v John Fairfax Publications Pty Limited [2006] NSWSC 1059
HEARING DATE(S): 14/08/2006, 15/08/2006, 16/08/2006, 17/08/2006, 21/08/2006, 22/08/2006, 23/08/2006, 24/08/2006, 12/09/2006, 13/09/2006
 
JUDGMENT DATE : 

12 October 2006
JUDGMENT OF: Hoeben J at 1
DECISION: I enter judgment in favour of the plaintiff against the defendant in the sum of $162,173. Liberty to apply re: costs.
CATCHWORDS: DEFAMATION - Defence of qualified privilege under statute and at common law - four imputations defamatory of plaintiff found pursuant to Defamation Act section 7A - whether conduct of publisher was reasonable - seriousness of imputations - extent of inquiry before publication - accuracy of article - reputation of plaintiff - assessment of compensatory damages - whether aggravated damages should be awarded.
LEGISLATION CITED: Defamation Act 1974 (NSW)
Defamation Act 1957 (Tas)
Defamation Act 1989 (Qld)
CASES CITED: Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44
Clark v Ainsworth (1996) 40 NSWLR 463
Evatt v Nationwide News Pty Limited [1999] NSWCA 99
Lange v Australian Broadcasting Corporation (1997) 189 CLR 520
Makim v John Fairfax & Sons Ltd (1990) 5 BR 196 at 209
MBP (SA) Pty Limited v Gogic (1991) 171 CLR 657
Mirror Newspapers v Jools (1985) 5 FCR 507
Morgan v John Fairfax (No 2) (1991) 23 NSWLR 374
Morosi v Mirror Newspapers Limited (1977) 2 NSWLR 749 at 797
Rogers v Nationwide News Pty Limited 216 CLR 327 at 351 [72] – [76]
PARTIES: Edward Obeid - Plaintiff
John Fairfax Publications Pty Limited
FILE NUMBER(S): SC 20387/2002
COUNSEL: BR McClintock SC/M Richardson - Plaintiff
G Reynolds SC/R Glasson/K Smark - Defendant
SOLICITORS: Gilbert and Tobin - Plaintiff
Freehills - Defendant

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION
      DEFAMATION LIST

      HOEBEN J

      Thursday, 12 October 2006

      20387/2002 – Edward OBEID v JOHN FAIRFAX PUBLICATIONS PTY LIMITED

      JUDGMENT

1 HIS HONOUR:

      Nature of Proceedings
      In these proceedings the plaintiff sued the defendant for defamation arising out of an article which was published in the Sydney Morning Herald (SMH) on 30 August 2002 (“the article”). Pursuant to s7A of the Defamation Act 1974 (NSW) (the Act) a trial before a jury took place on 11 August 2005. The jury found that the article carried four defamatory imputations.

2 The imputations found were:

      “(a) The plaintiff is a corrupt politician prepared to assist the Bulldogs Leagues Club with a development in return for payment of $1M to the Australian Labor Party (ALP);

      (b) The plaintiff attempted to obtain a bribe, that is a payment of $1M for the ALP, in return for facilitating the completion of the Oasis development;

      (c) The plaintiff lied when he denied that he had sought a bribe for the ALP in return for facilitating the completion of the Oasis development;

      (d) The plaintiff is a corrupt politician in that he was prepared to evade the legal restriction on licensing poker machines in return for payment of $1M to the…
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Details
Case
[2006] NSWSC 1059
Decision Date

CaseChat Overview and Summary

The case of Obeid v John Fairfax Publications Pty Ltd involved the plaintiff, Mr Samier Obeid, suing the defendant, John Fairfax Publications Pty Ltd, for defamation. The dispute arose from an article published in the Sydney Morning Herald, which contained four defamatory imputations regarding the plaintiff's character and conduct. The matter was heard in the Supreme Court of New South Wales, where the trial judge found in favour of the plaintiff and awarded damages.

The legal issues before the court included whether the defendant's conduct was reasonable, the seriousness of the imputations, the extent of the inquiry before publication, the accuracy of the article, the plaintiff's reputation, the assessment of compensatory damages, and whether aggravated damages should be awarded. The court had to consider these issues in light of the statutory defence of qualified privilege and the common law defence of fair comment.

The court held that the defendant's conduct was not reasonable, and the imputations were serious. The extent of the inquiry before publication was insufficient, and the article was not accurate. The plaintiff's reputation was harmed, and the court assessed the compensatory damages accordingly. The court also awarded aggravated damages to the plaintiff, finding that the defendant's conduct was egregious.

In summary, the court found in favour of the plaintiff, awarding compensatory damages and aggravated damages. The court held that the defendant's conduct was unreasonable and that the statutory and common law defences of qualified privilege and fair comment were not applicable in this case. The court's decision highlights the importance of conducting thorough inquiries before publishing defamatory material and the potential consequences of failing to do so.

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