Snedden v Nationwide News Pty Ltd
Case
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[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.
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
Key Legal Topics
Areas of Law
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Negligence & Tort
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Civil Procedure
Legal Concepts
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Appeal
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Damages
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Costs
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Estoppel
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Statutory Construction
Actions
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Most Recent Citation
Johnston v Holland [2016] VSC 422
Cases Citing This Decision
7
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[2015] NSWCA 154
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[2014] NSWSC 1380
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[2015] NSWDC 171
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Statutory Material Cited
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John Fairfax Publications Pty Ltd v Jones
[2004] NSWCA 205
John Fairfax Publications Pty Ltd v Zunter
[2006] NSWCA 227
David Syme & Co Ltd v Hore-Lacy
[2000] VSCA 24