Nationwide News Pty Limited v Rush [2020] FCAFC 115

Nationwide News Pty Limited v Rush [2020] FCAFC 115

None of the grounds of appeal have been made out. The trial judge's findings as to the conveyance of defamatory imputations, the rejection of the justification defence, the assessment of witness credibility, the award of aggravated damages, the quantum of both non-economic and economic damages, and refusal of the late defence amendment, are upheld. The application of the statutory cap in s 35 of the Defamation Act was governed by the Victorian Court of Appeal's decision in Bauer Media, not shown to be plainly wrong; aggravated damages were properly subsumed in the global award, exceeding the cap. The appeal is dismissed and the orders of the trial judge are affirmed.

Jurisdiction
Australia
Judgment Date
02 July 2020
Procedural Posture
Appellate / Full Court Judgment on Appeal
Outcome
Appeal dismissed.
Legal Topics
['awards of Damages' 'aggravated Damages' 'justification Defence' 'appellate Review of Fact' 'assessment of Witness Credibility' 'statutory Cap on Non Economic Loss' 'legal Pleadings and Amendments']
['defamation'] ['awards of Damages' 'aggravated Damages' 'justification Defence' 'appellate Review of Fact' 'assessment of Witness Credibility' 'statutory Cap on Non Economic Loss' 'legal Pleadings and Amendments']

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Procedural Posture

Appellate / Full Court Judgment on Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in finding defamatory imputations were conveyed and rejecting the defence of justification' 'Whether the trial judge erred in assessment and quantification of damages (non-economic and economic loss)' 'Whether the statutory cap on damages for non-economic loss under s 35 of the Defamation Act 2005 (NSW) applied' 'Whether conduct by the publication and legal pleadings aggravated damages' 'Whether the trial judge erred in findings regarding witness credibility' 'Whether the trial judge properly refused amendment of the defence late at trial']

Ratio Decidendi

None of the grounds of appeal have been made out. The trial judge's findings as to the conveyance of defamatory imputations, the rejection of the justification defence, the assessment of witness credibility, the award of aggravated damages, the quantum of both non-economic and economic damages, and refusal of the late defence amendment, are upheld. The application of the statutory cap in s 35 of the Defamation Act was governed by the Victorian Court of Appeal's decision in Bauer Media, not shown to be plainly wrong; aggravated damages were properly subsumed in the global award, exceeding the cap. The appeal is dismissed and the orders of the trial judge are affirmed.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal is dismissed.' 'Legal practitioners for the parties to confer regarding costs and proposed orders.' 'Parties to file any submissions as to costs by specified dates if agreement not reached.' 'Compliance with costs procedures is dispensed with if an agreed note is filed.' 'Subject to further order, costs...