Ten Group Pty Ltd v Cornes

This case involved an appeal to the Full Court of South Australia by Network Ten and Michael Molloy against a finding of defamation made by a trial judge. The defamation claim arose from words broadcast on a radio segment on 28 June 2008 by a comedian, which the trial judge found conveyed an imputation that the respondent, Nicole Joanne Cornes, had a sexual relationship with a footballer and had committed adultery.

The primary legal issues before the Full Court were whether the broadcast was capable of being defamatory of the respondent, and whether the trial judge's finding of liability was correct. The court was also required to consider an appeal against an order for indemnity costs.

The Full Court dismissed the appeal against the finding of defamation. The court reasoned that while the broadcast contained elements of comedy, the ordinary, fair-minded viewer would have understood the imputation of an extramarital affair. The court acknowledged the challenge of distinguishing between comedic intent and defamatory meaning, particularly in a program that mixed information with humour, but ultimately concluded that the comedic construction did not negate the sinister meaning that could be inferred by the ordinary viewer, thus denying the plaintiff reparation for the wrong suffered. The appeal against the costs order was also dismissed.