Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496

Rush v Nationwide News Pty Ltd (No 7) [2019] FCA 496

The Court found that (except for two) the publications conveyed the defamatory imputations alleged by Mr Rush, and the respondents failed to prove the substantial truth of those imputations. The manner, tone, and content of the publications, and the respondents' conduct, warranted an award of both compensatory and aggravated damages due to the aggravation of harm. Mr Rush was awarded $850,000 in general and aggravated damages, with special damages for economic loss reserved for further consideration.

Parties
Applicant: Geoffrey Roy Rush; First Respondent: Nationwide News Pty Limited; Second Respondent: Jonathon Moran
Jurisdiction
Australia
Judgment Date
11 April 2019
Procedural Posture
Defamation Proceeding (civil) / Judgment After Trial
Outcome
Judgment for the applicant (Mr Rush)
Legal Topics
Defamatory Imputations, Justification (truth) Defence, Damages—general and Aggravated, Special Damages—economic Loss, Assessment of Damages, Publication and Republication, Reputation, Hurt and Distress, Obligation of Reasonable Publication, Aggravated Damages Due to Manner of Publication
Defamation Torts Media Law Defamatory Imputations Justification (truth) Defence Damages—general and Aggravated Special Damages—economic Loss Assessment of Damages +5 more

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Parties

Geoffrey Roy Rush

Applicant

Nationwide News Pty Limited

First Respondent

Jonathon Moran

Second Respondent

Procedural Posture

Defamation Proceeding (civil) / Judgment After Trial

Legal Issues

  1. 1 Whether the publications conveyed the defamatory imputations alleged by Mr Rush
  2. 2 Whether the imputations conveyed were substantially true (justification)
  3. 3 Whether Mr Rush is entitled to damages for non-economic and economic loss, including aggravated damages

Ratio Decidendi

The Court found that (except for two) the publications conveyed the defamatory imputations alleged by Mr Rush, and the respondents failed to prove the substantial truth of those imputations. The manner, tone, and content of the publications, and the respondents' conduct, warranted an award of both compensatory and aggravated damages due to the aggravation of harm. Mr Rush was awarded $850,000 in general and aggravated damages, with special damages for economic loss reserved for further consideration.

Court Disposition

Judgment for the applicant (Mr Rush)

Orders

  • Verdict and judgment for the applicant.
  • Respondents to pay the applicant damages for non-economic loss, including aggravated damages, assessed at $850,000.