Shepherd v Walsh and ACP Publishing Pty Ltd

In the case of Shepherd v Walsh and ACP Publishing Pty Ltd, the plaintiff sought damages for defamation arising from the publication of an unauthorised nude photograph and accompanying text in a popular magazine. The plaintiff, Shepherd, alleged that the defendants, Walsh and ACP Publishing Pty Ltd, published the photograph without consent and made imputations of promiscuity and deliberate exposure of genitalia. The matter was heard in the Supreme Court of New South Wales.

The court was tasked with determining the scope of identification in relation to the defamatory material and whether the imputations made were defamatory. Additionally, the court had to assess whether the plaintiff suffered damage and whether the publication was made with actual malice. The court also had to consider the quantum of damages, both compensatory and exemplary, to be awarded to the plaintiff.

In reaching its decision, the court found that the publication of the photograph and accompanying text without the plaintiff's consent was a clear case of defamation. The imputations made were defamatory and caused harm to the plaintiff's reputation. The court further found that the defendants had no effective control over the publication and did not act with actual malice. However, the court determined that the defendants were liable for the publication and awarded the plaintiff compensatory damages of $50,000, together with interest, and exemplary damages of $20,000, also with interest. The court also ordered the defendants to pay the plaintiff's costs.

The court issued an order that the defendants pay the plaintiff damages, interest, and costs. The court also adjourned further consideration of the claim by the first, second, third, and fourth defendants against the fifth defendant to a later date.