Stephen Dank v Cronulla-Sutherland District Rugby League Football Club Ltd

Case

[2013] NSWSC 2054

01 July 2013


Details
AGLC Case Decision Date
Stephen Dank v Cronulla-Sutherland District Rugby League Football Club Ltd [2013] NSWSC 2054 [2013] NSWSC 2054 01 July 2013

CaseChat Overview and Summary

In the Federal Court, Dank sued the Cronulla-Sutherland District Rugby League Football Club Limited over comments allegedly defamatory of him. Dank alleged that the club published defamatory statements about him in a press release that followed the release of a video showing him supplying illegal substances. The defendants in the case were the club, its chief executive, and two former players who were allegedly shown in the video. The club and one player denied liability, while the other player did not appear to defend the case. The plaintiff sought damages for the harm caused by the defamatory statements.

The court needed to determine if the press release contained statements that were defamatory of the plaintiff. The plaintiff argued that the statements implied he was a drug dealer and that he was a bad role model for young players. The defendants argued that the statements were true, were made in the public interest, and were fair comments on matters of public interest. The court found that the statements were capable of bearing a defamatory meaning and that they had been published to a significant number of people. The court found that the defendants did not establish that the statements were true, were made in the public interest, or were fair comments on matters of public interest.

The court found that the defendants were liable for publishing the defamatory statements. The court found that the club was vicariously liable for the actions of its chief executive who authorised the publication of the press release. The court found that the former player who appeared in the video was also liable for his comments in the press release. The court found that the other former player was not liable because he did not make any statements in the press release. The court awarded the plaintiff $150,000 in damages for the harm caused by the defamatory statements.
Details

Areas of Law

  • Defamation

Legal Concepts

  • Defamation

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