Vacik Distributors Pty Limited & Anor v Australian Broadcasting Corporation & Anor No.8 [2000] NSWSC 732

Vacik Distributors Pty Limited & Anor v Australian Broadcasting Corporation & Anor No.8 [2000] NSWSC 732

The plaintiffs had high reputations that had not been lastingly damaged by prior rumours. The ABC and Nationwide publications conveyed serious defamatory imputations, caused substantial harm to reputation, and caused Mr Bates severe and lasting hurt, especially the Nationwide imputation that he was a murderer. Aggravation was established for Mr Bates because the imputations were false and the defendants failed to make enquiries before publishing serious allegations, but not by failure to apologise, trial conduct, or the asserted omissions from the Daily Telegraph article. Taking into account the seriousness and reach of the publications, the limits on corporate recovery, s 48 overlap, and...

Jurisdiction
Australia
Judgment Date
08 August 2000
Procedural Posture
Defamation Assessment of Damages / Quantum of Damages After S 7 a Jury Findings and Verdicts for the Plaintiffs
Outcome
Damages assessed for each plaintiff against each defendant.
Legal Topics
['assessment of Damages' 'aggravated Damages' 'injury to Reputation' 'injury to Feelings' 'vindication' 'mitigation of Damages' 'corporate Plaintiff Damages']
['defamation'] ['assessment of Damages' 'aggravated Damages' 'injury to Reputation' 'injury to Feelings' 'vindication' 'mitigation of Damages' 'corporate Plaintiff Damages']

Case Brief

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Procedural Posture

Defamation Assessment of Damages / Quantum of Damages After S 7 a Jury Findings and Verdicts for the Plaintiffs

Legal Issues

  1. 1 ['What damages should be awarded to each plaintiff against each defendant for the defamatory publications.' "Whether the plaintiffs' reputations had already been damaged by earlier allegations so as to mitigate damages." 'Whether aggravated damages were available by reason of falsity, failure to make enquiries, failure to retract and apologise, conduct of the proceedings, or omissions from the Daily Telegraph article.' 'What account should be taken of ss 46, 46A and 48 of the Defamation Act 1974 in assessing damages.']

Ratio Decidendi

The plaintiffs had high reputations that had not been lastingly damaged by prior rumours. The ABC and Nationwide publications conveyed serious defamatory imputations, caused substantial harm to reputation, and caused Mr Bates severe and lasting hurt, especially the Nationwide imputation that he was a murderer. Aggravation was established for Mr Bates because the imputations were false and the defendants failed to make enquiries before publishing serious allegations, but not by failure to apologise, trial conduct, or the asserted omissions from the Daily Telegraph article. Taking into account the seriousness and reach of the publications, the limits on corporate recovery, s 48 overlap, and...

Court Disposition

Damages assessed for each plaintiff against each defendant.

Orders

  • ['For Mr Bates against the ABC: $60,000.' 'For Vacik against the ABC: $15,000.' 'For Mr Bates against Nationwide: $150,000.' 'For Vacik against Nationwide: $25,000.' 'The parties should bring in short minutes of order. The Court will hear any claim for interest pursuant to s 93 at that time.']