Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555

Roberts-Smith v Fairfax Media Publications Pty Limited (No 41) [2023] FCA 555

The Court found that, in respect of most imputations pleaded by the applicant, the respondents had established the substantial or contextual truth of the defamatory imputations published in the articles. The remaining imputations not proved to be substantially true were either not actionable by reason of the contextual truth defence. The proceedings were dismissed.

Parties
Applicant: Ben Roberts-Smith; First Respondent: Fairfax Media Publications Pty Limited; Respondent: Nick McKenzie; Respondent: Chris Masters; Respondent: David Wroe; First Respondent: The Age Company Pty Limited; First Respondent: The Federal Capital Press of Australia Pty Limited
Jurisdiction
Australia
Judgment Date
01 June 2023
Procedural Posture
Defamation / Trial Judgment
Outcome
Proceedings dismissed with costs (ordinary case, costs follow event)
Legal Topics
Defences of Justification and Contextual Truth, Aggravated Damages in Defamation, Imputation and Defamatory Meaning, Assessment of Witness Credibility, Standard and Burden of Proof in Civil Cases, Application of S 25 and S 26 Defamation Act 2005 (nsw)
Defamation Evidence Media Law Defences of Justification and Contextual Truth Aggravated Damages in Defamation Imputation and Defamatory Meaning Assessment of Witness Credibility Standard and Burden of Proof in Civil Cases +1 more

Case Brief

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Parties

Ben Roberts-Smith

Applicant

Fairfax Media Publications Pty Limited

First Respondent

Nick McKenzie

Respondent

Chris Masters

Respondent

David Wroe

Respondent

The Age Company Pty Limited

First Respondent

The Federal Capital Press of Australia Pty Limited

First Respondent

Procedural Posture

Defamation / Trial Judgment

Legal Issues

  1. 1 Whether the articles conveyed the pleaded imputations about the applicant
  2. 2 Whether the imputations are substantially or contextually true under the Defamation Act 2005 (NSW)
  3. 3 Whether the respondents made out the defences of justification or contextual truth

Ratio Decidendi

The Court found that, in respect of most imputations pleaded by the applicant, the respondents had established the substantial or contextual truth of the defamatory imputations published in the articles. The remaining imputations not proved to be substantially true were either not actionable by reason of the contextual truth defence. The proceedings were dismissed.

Court Disposition

Proceedings dismissed with costs (ordinary case, costs follow event)

Orders

  • The proceeding be dismissed.