TCN Channel Nine Pty Ltd v Anning

TCN Channel Nine Pty Ltd v Anning concerned a claim for trespass to land brought by the respondent, Mr. Anning, against the appellant, TCN Channel Nine Pty Ltd. Mr. Anning alleged that journalists and cameramen employed by Channel Nine had trespassed on his property by entering his land with cameras rolling, thereby causing him distress and injury. The case was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the journalists and cameramen had impliedly or expressly been granted a licence to enter Mr. Anning's land, and if not, whether their entry constituted trespass. Further, the court was required to determine the scope of damages recoverable for such a trespass, specifically whether damages for personal injury, including mental trauma, were available, and whether exemplary and aggravated damages could be awarded. The admissibility and weight of expert evidence, particularly in the absence of cross-examination, also formed a key part of the appeal.

The Court of Appeal considered the nature of implied licences to enter land, particularly in the context of media reporting. It held that while there is an implied licence for members of the public to approach a person's home for legitimate purposes, such as delivering mail or a visitor, this licence does not extend to entering private property with cameras rolling for the purpose of confronting or interviewing the occupier. The court found that the entry by Channel Nine's employees exceeded the scope of any implied licence and constituted a trespass. Regarding damages, the court affirmed that damages for consequential mental trauma are recoverable in trespass to land, and that exemplary damages may be awarded where the trespass is of a flagrant or contumelious character. The court also addressed the admissibility of expert evidence, finding that it was open to the trial judge to accept expert evidence even without cross-examination, provided the evidence was otherwise sound.

The Court of Appeal ultimately upheld the finding of trespass and the award of damages, though it remitted the matter for further consideration of the quantum of damages. The parties were directed to bring in short minutes to reflect the court's reasons.