Shift2Neutral Pty Limited v Fairfax Media Publications Pty Limited [2014] NSWSC 86

Shift2Neutral Pty Limited v Fairfax Media Publications Pty Limited [2014] NSWSC 86

The articles conveyed defamatory imputations about the plaintiffs, but the defendants proved the substantial truth of all imputations. The Court found that representations in the Borneo Highlands Resort and Giant Star carbon credit certificates, and Mr Goldsworthy's claims that the credits were genuine, valuable and available to offset emissions, were false; the certificates were valueless documents. The Court also found that representations about a Mindanao transaction involving $1 billion of carbon credits and statements to The Herald about offset projects were false. The defence of justification was therefore established for all pleaded imputations, requiring verdict and judgment for...

Jurisdiction
Australia
Judgment Date
18 February 2014
Procedural Posture
Defamation Proceedings for Damages / Trial Before a Judge Without a Jury
Outcome
Verdict and judgment for the defendants.
Legal Topics
['defamatory Imputations' 'natural and Ordinary Meaning' 'defence of Justification' 'substantial Truth' 'carbon Credit Certificates']
['defamation'] ['defamatory Imputations' 'natural and Ordinary Meaning' 'defence of Justification' 'substantial Truth' 'carbon Credit Certificates']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation Proceedings for Damages / Trial Before a Judge Without a Jury

Legal Issues

  1. 1 ['Whether the articles conveyed the pleaded defamatory imputations about the plaintiffs.' 'Whether the pleaded imputations were defamatory.' 'Whether the defendants established the defence of justification under section 25 of the Defamation Act 2005 (NSW) by proving the substantial truth of all imputations.']

Ratio Decidendi

The articles conveyed defamatory imputations about the plaintiffs, but the defendants proved the substantial truth of all imputations. The Court found that representations in the Borneo Highlands Resort and Giant Star carbon credit certificates, and Mr Goldsworthy's claims that the credits were genuine, valuable and available to offset emissions, were false; the certificates were valueless documents. The Court also found that representations about a Mindanao transaction involving $1 billion of carbon credits and statements to The Herald about offset projects were false. The defence of justification was therefore established for all pleaded imputations, requiring verdict and judgment for...

Court Disposition

Verdict and judgment for the defendants.

Orders

  • ['Verdict for the defendants.' 'Judgment for the defendants to be entered forthwith.' 'Costs remained outstanding, with parties permitted to address costs on 25 February 2014 failing agreement.']