Snedden v Nationwide News Pty Ltd

Case

[2011] NSWCA 262

02 September 2011


Details
AGLC Case Decision Date
Snedden v Nationwide News Pty Ltd [2011] NSWCA 262 [2011] NSWCA 262 02 September 2011

CaseChat Overview and Summary

The appeal in *Snedden v Nationwide News Pty Ltd* was heard by McColl JA, Macfarlan JA, and McClellan CJ at CL. The dispute concerned imputations conveyed by publications made by the respondents regarding the appellant's conduct as commander of Serbian troops and his prior criminal convictions. The appellant sought to challenge a verdict that had been entered for the respondents.

The central legal issues before the court were whether the defences of truth and contextual truth, as provided for under the *Defamation Act 1974* (NSW) and similar legislation in Tasmania, were established. Additionally, the court was required to determine whether the defences of truth and justification, as applicable in other Australian jurisdictions, were made out. A further issue was whether the defences of justification, specifically the principles established in cases such as *Polly Peck* or the *Hore-Lacy* defence, applied to publications made in interstate jurisdictions.

The court's reasoning focused on whether the matters and circumstances presented established the substantial truth of the imputations conveyed by the publications. The judges considered the evidence in relation to the appellant's conduct and criminal history, and assessed whether the defences of truth and justification were made out in accordance with the relevant legal principles for both New South Wales and the other interstate jurisdictions. The court ultimately found that the defences were established.

The appeal was dismissed, and the appellant was ordered to pay the respondents' costs.
Details

Areas of Law

  • Negligence & Tort

  • Civil Procedure

Legal Concepts

  • Appeal

  • Damages

  • Costs

  • Estoppel

  • Statutory Construction

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Most Recent Citation
Johnston v Holland [2016] VSC 422

Cases Citing This Decision

7

Cases Cited

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Statutory Material Cited

6