Visscher v Maritime Union of Australia (No 6)

Visscher sued the Maritime Union of Australia (MUA) over defamatory statements published in relation to a maritime incident involving a ship's master's decision during severe weather conditions. The dispute centred on the publication of articles by the MUA and the Cootamundara Herald, which included allegations regarding the master's adherence to a "Cyclone Response Plan" and a "Job Hazard Analysis" (JHA), as well as the impact of a "storm surge." The case was heard in the Supreme Court of New South Wales. The court was tasked with determining the nature and extent of the publications, the justification of the statements, and the applicability of various defences including truth, honest opinion, qualified privilege, and statutory qualified privilege. Additionally, the court needed to assess the damages, including whether the MUA's conduct warranted aggravated damages.

The court ruled that the MUA was responsible for the publication of the Cootamundara Herald article, as it had adopted and promoted the defamatory statement. The court found that the statements were not substantially true, and no expert evidence supported the questions regarding the Cyclone Response Plan. The defence of justification failed due to the absence of evidence concerning the ship master's conduct. The Hore-Lacy defence and the defence of qualified privilege under common law also failed, as did the statutory qualified privilege defence due to the MUA's unreasonable conduct in publishing the defamatory matter. The defence of honest opinion failed as the opinions were not based on proper material.

The court awarded compensatory damages, finding that the articles damaged the plaintiff's reputation. The imputations were serious, and the conduct of cross-examination by the MUA was unjustifiable, warranting aggravated damages. The court found no basis to reduce the damages awarded, as there was no evidence of a prior settlement that would have released the MUA from liability. The court ordered the MUA to pay the plaintiff damages, including an amount for aggravated damages.