Chau v Australian Broadcasting Corporation (No 3) [2021] FCA 44

Chau v Australian Broadcasting Corporation (No 3) [2021] FCA 44

The Court found that four of the six pleaded imputations were conveyed: Dr Chau was portrayed as a member of the Chinese Communist Party and a secret lobbying arm (United Front Work Department), that he made political donations as bribes to advance Chinese government interests, and that he was involved in and knowingly paid a bribe to the President of the UN General Assembly. The gravity of these imputations, their publication by prominent media, the lack of apology, and persistence in failed defences aggravated harm to reputation and feelings. Previous recoveries only partially mitigated the harm. Damages, including aggravated damages and pre-judgment interest, were assessed at $590,000....

Parties
Applicant: Dr Chau Chak Wing; First Respondent: The Australian Broadcasting Corporation; Second Respondent: Fairfax Media Publications Pty Limited ACN 003 357 720; Third Respondent: Nick McKenzie
Jurisdiction
Australia
Judgment Date
02 February 2021
Procedural Posture
Defamation / Final Judgment After Trial
Outcome
Judgment for applicant. Damages awarded. Permanent injunction granted. Costs to applicant.
Legal Topics
Defamation Damages Assessment, Imputations Concerning Public Figures, Pleadings and Imputations, Mitigation of Damages, Permanent Injunctions in Defamation, Aggravated Damages, Injunctive Relief in Tort
Defamation Media Law Defamation Damages Assessment Imputations Concerning Public Figures Pleadings and Imputations Mitigation of Damages Permanent Injunctions in Defamation Aggravated Damages +1 more

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Parties

Dr Chau Chak Wing

Applicant

The Australian Broadcasting Corporation

First Respondent

Fairfax Media Publications Pty Limited ACN 003 357 720

Second Respondent

Nick McKenzie

Third Respondent

Procedural Posture

Defamation / Final Judgment After Trial

Legal Issues

  1. 1 Whether specified defamatory imputations were conveyed by the broadcast/publication
  2. 2 Whether disclaimers sufficiently dispelled imputations of guilt
  3. 3 Whether damages, including aggravated damages, should be awarded, and quantum

Ratio Decidendi

The Court found that four of the six pleaded imputations were conveyed: Dr Chau was portrayed as a member of the Chinese Communist Party and a secret lobbying arm (United Front Work Department), that he made political donations as bribes to advance Chinese government interests, and that he was involved in and knowingly paid a bribe to the President of the UN General Assembly. The gravity of these imputations, their publication by prominent media, the lack of apology, and persistence in failed defences aggravated harm to reputation and feelings. Previous recoveries only partially mitigated the harm. Damages, including aggravated damages and pre-judgment interest, were assessed at $590,000....

Court Disposition

Judgment for applicant. Damages awarded. Permanent injunction granted. Costs to applicant.

Orders

  • Verdict for the applicant in the sum of $590,000 (inclusive of pre-judgment interest)
  • Respondents are restrained from publishing or making available online any portion of the program conveying specified defamatory imputations (membership of secret CCP lobbying arm, making political donations as bribes, payment and knowledge of a bribe to the UN President, involvement in a corrupt bribe scheme)