Hayson v The Age Company Pty Ltd (No 2) [2020] FCA 361

Hayson v The Age Company Pty Ltd (No 2) [2020] FCA 361

Only the two admitted defamatory imputations were conveyed by The Age article: that Mr Hayson engaged in a criminal scheme with a jockey to match-fix an NRL game and paid players to underperform for betting profit. The three other pleaded imputations were not conveyed. Damages are awarded on a limited basis as the reputation harm and hurt feelings attributable to The Age article were minimal, due to its limited Sydney circulation and the predominance of similar allegations previously published in Sydney media not sued upon. Modest aggravated damages were included for lack of proper checking of allegations before publication.

Jurisdiction
Australia
Judgment Date
19 March 2020
Procedural Posture
Defamation Proceeding / Final Judgment After Trial
Outcome
Judgment for the applicant; damages awarded.
Legal Topics
['defamation' 'damages' 'aggravated Damages' 'mitigation of Damages']
['tort' 'media Law'] ['defamation' 'damages' 'aggravated Damages' 'mitigation of Damages']

Case Brief

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Procedural Posture

Defamation Proceeding / Final Judgment After Trial

Legal Issues

  1. 1 ['Whether the defamatory imputations alleged were conveyed by The Age article' 'Whether damages for defamation, including aggravated damages, were warranted' "Whether damage was caused to the applicant's reputation in NSW by publication in The Age, a Melbourne-based newspaper" 'Whether prior publications on the same topic could mitigate damages']

Ratio Decidendi

Only the two admitted defamatory imputations were conveyed by The Age article: that Mr Hayson engaged in a criminal scheme with a jockey to match-fix an NRL game and paid players to underperform for betting profit. The three other pleaded imputations were not conveyed. Damages are awarded on a limited basis as the reputation harm and hurt feelings attributable to The Age article were minimal, due to its limited Sydney circulation and the predominance of similar allegations previously published in Sydney media not sued upon. Modest aggravated damages were included for lack of proper checking of allegations before publication.

Court Disposition

Judgment for the applicant; damages awarded.

Orders

  • ['Verdict and judgment for the applicant.' 'The respondents to pay the applicant the sum of $50,000.' 'Parties to file agreed or competing orders regarding costs and procedural steps within 14 days, as directed by the Court.']