Pedavoli v Fairfax Media Publications Pty Ltd [2014] NSWSC 1674

Pedavoli v Fairfax Media Publications Pty Ltd [2014] NSWSC 1674

The articles identified Ms Pedavoli by falsely describing the teacher concerned as a female St Aloysius teacher in her late twenties who taught drama and English, a description that pointed to Ms Pedavoli and excluded the actual teacher. The matters conveyed imputations that she was a sexual predator, had committed a criminal offence, and had so seriously misconducted herself as a teacher as to deserve termination, but did not convey that she was a paedophile. The defendants' offer to make amends was not a valid offer because material containing the matter was given to Twitter followers and to The Age and the offer did not include the mandatory steps required by s 15(1)(e). In any event,...

Jurisdiction
Australia
Judgment Date
27 November 2014
Procedural Posture
Defamation Proceedings Claiming Damages / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff in the sum of $350,000 with interest at 3 per cent; parties to be heard as to costs.
Legal Topics
['offer to Make Amends' 'reasonableness of Offer to Make Amends' 'defamatory Imputations' 'identification of Plaintiff' 'defamation Damages' 'aggravated Damages' 'business Records Evidence']
['defamation Law' 'evidence'] ['offer to Make Amends' 'reasonableness of Offer to Make Amends' 'defamatory Imputations' 'identification of Plaintiff' 'defamation Damages' 'aggravated Damages' 'business Records Evidence']

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Procedural Posture

Defamation Proceedings Claiming Damages / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the matters complained of identified the plaintiff although she was not named.' 'Whether the articles conveyed the pleaded defamatory imputations, including that the plaintiff was a sexual predator, committed a criminal offence, breached child protection laws, and had seriously misconducted herself as a teacher.' "Whether the defendants' offer to make amends complied with the mandatory requirements of s 15 of the Defamation Act 2005." 'Whether the defence under s 18 of the Defamation Act 2005 was established because the offer to make amends was reasonable in all the circumstances.' 'What damages, including aggravated damages and interest, should be awarded.']

Ratio Decidendi

The articles identified Ms Pedavoli by falsely describing the teacher concerned as a female St Aloysius teacher in her late twenties who taught drama and English, a description that pointed to Ms Pedavoli and excluded the actual teacher. The matters conveyed imputations that she was a sexual predator, had committed a criminal offence, and had so seriously misconducted herself as a teacher as to deserve termination, but did not convey that she was a paedophile. The defendants' offer to make amends was not a valid offer because material containing the matter was given to Twitter followers and to The Age and the offer did not include the mandatory steps required by s 15(1)(e). In any event,...

Court Disposition

Judgment for the plaintiff in the sum of $350,000 with interest at 3 per cent; parties to be heard as to costs.

Orders

  • ['Judgment for the plaintiff in the sum of $350,000.' 'Interest at the rate of 3 per cent allowed.' 'Parties to be heard as to costs.']