Wraydeh v Fairfax Media Publications Pty Limited; Wraydeh v Nationwide News Pty Limited [2021] NSWCA 153

Wraydeh v Fairfax Media Publications Pty Limited; Wraydeh v Nationwide News Pty Limited [2021] NSWCA 153

The publications were made on occasions of qualified privilege and the content was sufficiently connected and relevant to those occasions; the additions beyond the police media releases were not foreign to the privileged occasion. Damages assessed were not manifestly inadequate given adverse findings on the appellant's credibility and lack of evidence of actual reputation harm.

Parties
Appellant: Hussein Wraydeh; Respondent: Fairfax Media Publications Pty Limited; Respondent: Nationwide News Pty Limited
Jurisdiction
Australia
Judgment Date
21 July 2021
Procedural Posture
Appeal / Final Judgment on Appeal
Outcome
Each appeal dismissed with costs
Legal Topics
Qualified Privilege, Compensatory Damages, Aggravated Damages, Remedies, Manifestly Inadequate Damages
Defamation Qualified Privilege Compensatory Damages Aggravated Damages Remedies Manifestly Inadequate Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Hussein Wraydeh

Appellant

Fairfax Media Publications Pty Limited

Respondent

Nationwide News Pty Limited

Respondent

Procedural Posture

Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the primary judge erred in upholding defences of qualified privilege at common law
  2. 2 Whether the assessment/award of damages was manifestly inadequate

Ratio Decidendi

The publications were made on occasions of qualified privilege and the content was sufficiently connected and relevant to those occasions; the additions beyond the police media releases were not foreign to the privileged occasion. Damages assessed were not manifestly inadequate given adverse findings on the appellant's credibility and lack of evidence of actual reputation harm.

Court Disposition

Each appeal dismissed with costs

Orders

  • Appeal by Hussein Wraydeh against both Fairfax Media Publications Pty Limited and Nationwide News Pty Limited dismissed with costs