Gacic v John Fairfax Publications Pty Ltd [2009] NSWSC 1403

Gacic v John Fairfax Publications Pty Ltd [2009] NSWSC 1403

Coco Roco was relevantly one restaurant, and the review clearly disclosed that the reviewer ate at Coco. The imputations were conveyed as comment in the context of a restaurant review, the underlying facts were stated or sufficiently indicated, and the Court accepted that Matthew Evans honestly held the opinions expressed. The defence of comment therefore provided a complete defence to all three imputations for all plaintiffs, requiring verdict and judgment for the defendants.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Defamation Proceedings / Defences and Damages Hearing After a Jury Found Three Defamatory Imputations Conveyed
Outcome
Verdict and judgment for the defendants.
Legal Topics
['fair Comment' 'substantial Truth' 'contextual Truth' 'restaurant Review' 'damages for Defamation']
['defamation Law'] ['fair Comment' 'substantial Truth' 'contextual Truth' 'restaurant Review' 'damages for Defamation']

Case Brief

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Procedural Posture

Defamation Proceedings / Defences and Damages Hearing After a Jury Found Three Defamatory Imputations Conveyed

Legal Issues

  1. 1 ['Whether Coco Roco was one restaurant or two restaurants for the purposes of the review and the pleaded defences.' 'Whether the defence of fair comment was established for all three plaintiffs and all three imputations.' 'Whether the defences of substantial truth and contextual truth were established.' 'If no complete defence was made out, what damages should be assessed.']

Ratio Decidendi

Coco Roco was relevantly one restaurant, and the review clearly disclosed that the reviewer ate at Coco. The imputations were conveyed as comment in the context of a restaurant review, the underlying facts were stated or sufficiently indicated, and the Court accepted that Matthew Evans honestly held the opinions expressed. The defence of comment therefore provided a complete defence to all three imputations for all plaintiffs, requiring verdict and judgment for the defendants.

Court Disposition

Verdict and judgment for the defendants.

Orders

  • ['Verdict and judgment for the defendants.' "The plaintiffs are to pay the defendants' costs."]