Packer v ABC and 3 Ors

The case of Packer v ABC and 3 Ors involved media mogul Kerry Packer suing the Australian Broadcasting Corporation and three other defendants for defamation. The dispute centred around an ABC documentary titled "The Money or the Gun", which suggested that Packer had offered money to a union leader to prevent an industrial dispute. Packer sought damages for the defamation, claiming that the documentary had damaged his reputation and caused financial harm. The matter was heard in the Federal Court of Australia, presided over by Justice North.

The court was tasked with determining whether the documentary's content was defamatory and if it was published to a third party. A key issue was whether the documentary implied that Packer had acted corruptly by offering money to avoid an industrial dispute. The court also needed to consider whether the alleged defamatory statements were true, and if so, whether they were fair comment on matters of public interest.

Justice North held that the documentary was defamatory as it implied that Packer had acted corruptly. The court found that the documentary was indeed published to a third party, as it was broadcast to the public. However, the court determined that the statements were substantially true, and therefore, not defamatory. The documentary's content was considered fair comment on a matter of public interest, as it related to an issue of significant social concern. As a result, Packer's claim for defamation was dismissed.

The Federal Court ordered that the defendants were to pay Packer's costs of the proceeding, to be taxed on an indemnity basis if not agreed upon by the parties.