Vass v Nationwide News Pty Ltd: 2020/112959 [2021] NSWSC 1704

Vass v Nationwide News Pty Ltd: 2020/112959 [2021] NSWSC 1704

Mr Vass was responsible for breaking up the artwork and his denial of that imputation was fraudulent. His representations that he had sold the whole work to Mr Nasteski and that the allegations were false induced Nationwide News Pty Limited's May 2017 settlement offer. Any contract arising from acceptance of that offer was vitiated by fraud, and even if enforceable at law, specific performance would be refused because Mr Vass came with unclean hands and an order compelling the apology would mislead the public.

Jurisdiction
Australia
Judgment Date
23 December 2021
Procedural Posture
Application for Specific Performance of a Settlement Agreement in Defamation Proceedings, With Cross Claim for Rescission on the Ground of Fraud / Principal Judgment After Hearing
Outcome
The plaintiff's claim was dismissed. The defendant/cross-claimant succeeded on its fraud case, but no formal declaration that the contract was invalid was made.
Legal Topics
['offer of Amends' 'settlement Agreement' 'specific Performance' 'fraudulent Misrepresentation' 'rescission' 'unclean Hands' 'apology']
['defamation' 'equity' 'contract'] ['offer of Amends' 'settlement Agreement' 'specific Performance' 'fraudulent Misrepresentation' 'rescission' 'unclean Hands' 'apology']

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Procedural Posture

Application for Specific Performance of a Settlement Agreement in Defamation Proceedings, With Cross Claim for Rescission on the Ground of Fraud / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the settlement agreement arising from Nationwide News Pty Limited's offer of amends and Mr Vass' acceptance was procured by fraud." 'Whether Mr Vass falsely represented that the imputations in the article were false and that he had sold the whole artwork to a third party.' "Whether Nationwide News Pty Limited relied on the truthfulness of Mr Vass' allegations in making the May 2017 settlement offer." 'Whether, if an enforceable settlement existed, the Court should order specific performance requiring publication of an apology.' 'Whether specific performance should be refused on the ground of unclean hands.']

Ratio Decidendi

Mr Vass was responsible for breaking up the artwork and his denial of that imputation was fraudulent. His representations that he had sold the whole work to Mr Nasteski and that the allegations were false induced Nationwide News Pty Limited's May 2017 settlement offer. Any contract arising from acceptance of that offer was vitiated by fraud, and even if enforceable at law, specific performance would be refused because Mr Vass came with unclean hands and an order compelling the apology would mislead the public.

Court Disposition

The plaintiff's claim was dismissed. The defendant/cross-claimant succeeded on its fraud case, but no formal declaration that the contract was invalid was made.

Orders

  • ["Order that the plaintiff's claim be dismissed." "Order that the plaintiff pay the defendant's costs of the proceedings (including the cross-claim)."]