Vacik Distributors Pty Limited & Anor v Australian Broadcasting Corporation & Anor [1999] NSWSC 1176

Vacik Distributors Pty Limited & Anor v Australian Broadcasting Corporation & Anor [1999] NSWSC 1176

A report of proceedings in public of a court is a factual account of what happened in the courtroom, distinct from comment or background material. The ABC broadcast, viewed as a whole, was predominantly comment conveying Mr Hoser's contention that the proceedings were an attempt to silence his allegations, and the parts carrying the imputations were not part of any report of the court proceedings. The Nationwide article contained some passages reporting Dowd J's judgment, but the lines carrying the imputations were background material about the book and its allegations, not a report of what was said in court on 24 December 1996. The s 24 fair protected report defences therefore failed.

Jurisdiction
Australia
Judgment Date
16 December 1999
Procedural Posture
Defamation Proceedings for Damages / Separate Liability Judgment on Defences Under S 24 of the Defamation Act 1974 After S 7 a Jury Findings; Damages to Be Assessed
Outcome
Verdicts and judgment for the plaintiffs against the defendants for damages to be assessed.
Legal Topics
['fair Protected Report' 'report of Proceedings in Public of a Court' 'defamation Act 1974 S 24' 'court Reporting' 'defamatory Imputations']
['defamation' 'media Law'] ['fair Protected Report' 'report of Proceedings in Public of a Court' 'defamation Act 1974 S 24' 'court Reporting' 'defamatory Imputations']

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Procedural Posture

Defamation Proceedings for Damages / Separate Liability Judgment on Defences Under S 24 of the Defamation Act 1974 After S 7 a Jury Findings; Damages to Be Assessed

Legal Issues

  1. 1 ['Whether the ABC television broadcast was a report of proceedings in public of a court for the purposes of s 24 of the Defamation Act 1974.' 'Whether The Daily Telegraph article published by Nationwide was a report of proceedings in public of a court for the purposes of s 24 of the Defamation Act 1974.' 'Whether the parts of the publications carrying the defamatory imputations formed part of any protected report.']

Ratio Decidendi

A report of proceedings in public of a court is a factual account of what happened in the courtroom, distinct from comment or background material. The ABC broadcast, viewed as a whole, was predominantly comment conveying Mr Hoser's contention that the proceedings were an attempt to silence his allegations, and the parts carrying the imputations were not part of any report of the court proceedings. The Nationwide article contained some passages reporting Dowd J's judgment, but the lines carrying the imputations were background material about the book and its allegations, not a report of what was said in court on 24 December 1996. The s 24 fair protected report defences therefore failed.

Court Disposition

Verdicts and judgment for the plaintiffs against the defendants for damages to be assessed.

Orders

  • ['There will be verdicts and judgment for the plaintiffs against the defendants for damages to be assessed.' 'Counsel should bring in short minutes of order.' 'A separate judgment as to damages will be delivered in due course.']