McGaw v Channel Seven Sydney Pty Ltd [2006] NSWSC 1147

McGaw v Channel Seven Sydney Pty Ltd [2006] NSWSC 1147

Both defamatory imputations found by the jury were false, defences of truth and contextual truth are not made out, and the broadcast caused severe and lasting reputational harm and personal distress to the plaintiff. Damages (including aggravated damages) are to be assessed within the statutory limits guided by...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 November 2006
Procedural Posture
Civil / Judgment After Jury Verdict on Imputations, Determination of Liability and Assessment of Damages
Outcome
Plaintiff awarded damages of $385,000; formal orders to follow after hearing parties on costs and interest.
Legal Topics
['assessment of Damages' 'false Defamatory Imputations' 'aggravated Damages' 'reputation' 'defences of Truth and Contextual Truth']
['defamation'] ['assessment of Damages' 'false Defamatory Imputations' 'aggravated Damages' 'reputation' 'defences of Truth and Contextual Truth']

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Procedural Posture

Civil / Judgment After Jury Verdict on Imputations, Determination of Liability and Assessment of Damages

Legal Issues

  1. 1 ['Whether the broadcast carried false defamatory imputations' 'If defences of truth (s 15(2)) or contextual truth (s 16) under Defamation Act 1974 (NSW) are made out' 'Assessment of damages including aggravated damages']

Ratio Decidendi

Both defamatory imputations found by the jury were false, defences of truth and contextual truth are not made out, and the broadcast caused severe and lasting reputational harm and personal distress to the plaintiff. Damages (including aggravated damages) are to be assessed within the statutory limits guided by analogy to personal injury awards.

Court Disposition

Plaintiff awarded damages of $385,000; formal orders to follow after hearing parties on costs and interest.

Orders

  • ['Damages in amount of $385,000 awarded to plaintiff' 'Orders to be formalised after hearing parties on costs and interest']