Snedden v Nationwide News [2009] NSWSC 1446

Snedden v Nationwide News [2009] NSWSC 1446

The defendant proved, on the balance of probabilities, the substantial truth of key contextual imputations including the plaintiff’s involvement as a commander in acts of torture and rape, as well as prior criminal conduct. The contextual imputations as found by the court, and their substantial truth, meant that any further reputational damage caused by the plaintiff’s pleaded imputations was subsumed. Therefore, the statutory and common law defences of contextual truth/justification succeeded. The plaintiff’s claim failed on all grounds, and judgment was entered for the defendant with costs.

Parties
Plaintiff: Daniel Snedden; Defendant: Nationwide News Pty Limited
Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Defamation Proceedings / Judgment After Jury and Court Trial
Outcome
Judgment for the defendant; plaintiff to pay defendant’s costs.
Legal Topics
Defence of Truth, Contextual Truth, Justification, Common Law and Statutory Defamation, Imputations in Defamation, War Crimes, Torture, Rape, Criminal Convictions
Defamation Defence of Truth Contextual Truth Justification Common Law and Statutory Defamation Imputations in Defamation War Crimes Torture +2 more

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Parties

Daniel Snedden

Plaintiff

Nationwide News Pty Limited

Defendant

Procedural Posture

Defamation Proceedings / Judgment After Jury and Court Trial

Legal Issues

  1. 1 Whether the contextual imputations pleaded by the defendant were conveyed by the publication
  2. 2 Whether the defendant proved the substantial truth of contextual imputations under defamation laws
  3. 3 Whether the defendant established the substantial truth of primary imputations about the plaintiff

Ratio Decidendi

The defendant proved, on the balance of probabilities, the substantial truth of key contextual imputations including the plaintiff’s involvement as a commander in acts of torture and rape, as well as prior criminal conduct. The contextual imputations as found by the court, and their substantial truth, meant that any further reputational damage caused by the plaintiff’s pleaded imputations was subsumed. Therefore, the statutory and common law defences of contextual truth/justification succeeded. The plaintiff’s claim failed on all grounds, and judgment was entered for the defendant with costs.

Court Disposition

Judgment for the defendant; plaintiff to pay defendant’s costs.

Orders

  • Verdict and judgment entered for the defendant.
  • The plaintiff to pay the defendant's costs.