FEDERAL COURT OF AUSTRALIA
Oliver v Nine Network Australia Pty Ltd [2019] FCA 583
File number: NSD 1798 of 2018 Judge: LEE J Date of judgment: 26 April 2019 Catchwords: HIGH COURT AND FEDERAL COURT – federal jurisdiction – issue in relation to jurisdiction of Federal Court in defamation matters identified – first duty of Court to determine questions of jurisdiction – jurisdiction established – discussion of jurisdiction of Federal Court in defamation matters generally
DEFAMATION – statements amounting to defamation – particular statements – imputations – television broadcast and website publication – where the applicant alleges that the publications give rise to six defamatory imputations –where the action was tried by a judge sitting alone – whether the alleged imputations or substantially similar imputations are conveyed – two imputations conveyed which are defamatory of the applicant
DAMAGES – general damages – assessment – aggravation – where s 34 of the Defamation Act2005 (NSW) requires damages to bear a rational relationship to harm – no award of aggravated damages warranted – assessment of damages
COSTS – observations on Rule 40.08 of the Federal Court Rules which although not applicable because of size of judgment would apply when a proceeding could have been more suitably dealt with in a non-superior court with a fixed monetary jurisdiction and the importance of giving consideration to the likely quantum of damages when deciding whether to commence a defamation proceeding in the Federal Court
Legislation: Corporations Act 2001 (Cth) Ch 2B, Pt 2A.2, ss 119, 124, 1378
Evidence Act 1995 (Cth) s 140
Judiciary Act 1903 (Cth) ss 39B(1A)(c), 64
Federal Court of Australia Act 1976 (Cth) Part VB
Defamation Act 2005 (NSW) ss 11, 31, 33, 34, 35, 36
Cases cited: Australian Securities and Investments Commission v Edensor Nominees Pty Limited [2001] HCA 1; (2001) 204 CLR 559
Browne v Dunn (1893) 6 R 67
Burgundy Royale Investments Pty Ltd v Westpac Banking Corporation (1987) 18 FCR 212
Chakravarti v Advertiser Newspapers Ltd [1998] HCA 37; (1998) 193 CLR 519
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia v Australian Competition and Consumer Commission [2007] FCAFC 132; (2007) 162 FCR 466
Dow Jones & Co Inc v Gutnick [2002] HCA 56; (2002) 210 CLR 575
Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; (2005) 79 ALJR 1716
Herald and Weekly Times Limited v McGregor (1928) 41 CLR 254
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- Case
- [2019] FCA 583
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were the identification of the defamatory imputations, the jurisdictional powers of the Federal Court in defamation matters, and the assessment of damages. The court had to determine whether the alleged imputations were conveyed and if they were substantially similar to any previously identified imputations. Additionally, the court examined the jurisdiction of the Federal Court in defamation cases and the appropriate assessment of damages in accordance with the Defamation Act 2005 (NSW).
The Federal Court began by confirming its jurisdiction over the matter. It identified that the first duty of the court is to determine questions of jurisdiction. The court established that it had jurisdiction to hear the case, given the nature of the defamation claims. It then proceeded to examine the specific imputations conveyed by the publications. Two imputations were found to be defamatory: that Mr Oliver had coward punched James Stannard and caused him serious injury, and that Mr Oliver had ended Stannard's career as a professional athlete. The court considered the defences of opinion based on true facts and fair report of public proceedings, but found them inapplicable. Regarding damages, the court noted that the amount awarded should have a rational relationship with the harm sustained, and that there was no basis for awarding aggravated damages. The court assessed the general damages based on the extent of harm and the impact on Mr Oliver’s reputation and personal distress.
The court adjourned the proceeding for the hearing of any argument as to costs and the making of final orders. It required the parties to provide an agreed minute of order or their competing positions on costs by a specified time.
Orders
Orders of the court
1. The proceeding be adjourned for the hearing of any argument as to costs and for the making of final orders at 9am on 29 April 2019.
2. Prior to 5.00pm today, the parties provide to the Associate to Justice Lee an agreed minute of order reflecting these reasons and an agreed position as to costs of the proceeding or their competing minutes of order indicating the order for costs for which they contend.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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