Hayson v The Age Company Pty Ltd [2019] FCA 1538

Hayson v The Age Company Pty Ltd [2019] FCA 1538

Prior newspaper articles are not admissible for the purpose of proving bad reputation in mitigation of damages in defamation proceedings. The common law rule, as applied in Australia and not changed by the Evidence Act 1995 (Cth), confines proof of bad reputation to general reputation evidence given by witnesses, not evidence of specific acts or prior publications.

Parties
Applicant: Edward Hayson; First Respondent: The Age Company Pty Ltd; Second Respondent: Kate McClymont
Jurisdiction
Australia
Judgment Date
17 September 2019
Procedural Posture
Defamation Proceeding / Interlocutory Ruling on Admissibility of Evidence
Outcome
Tender of MFI-5 (newspaper article) rejected as inadmissible evidence.
Legal Topics
Mitigation of Damages, Admissibility of Evidence, Bad Reputation
Evidence Defamation Mitigation of Damages Admissibility of Evidence Bad Reputation

Case Brief

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Parties

Edward Hayson

Applicant

The Age Company Pty Ltd

First Respondent

Kate McClymont

Second Respondent

Procedural Posture

Defamation Proceeding / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether prior newspaper articles are admissible to prove bad reputation in mitigation of damages in a defamation action

Ratio Decidendi

Prior newspaper articles are not admissible for the purpose of proving bad reputation in mitigation of damages in defamation proceedings. The common law rule, as applied in Australia and not changed by the Evidence Act 1995 (Cth), confines proof of bad reputation to general reputation evidence given by witnesses, not evidence of specific acts or prior publications.

Court Disposition

Tender of MFI-5 (newspaper article) rejected as inadmissible evidence.

Orders

  • The tender of MFI-5, being an article published in the Daily Telegraph newspaper on 27 June 2006 with the headline "The day racing's credibility went on the line [-] Hayson's calls" be rejected upon the basis that it is not admissible.