Greig v WIN Television NSW Pty Limited [2009] NSWSC 632

Greig v WIN Television NSW Pty Limited [2009] NSWSC 632

The jury found three defamatory imputations published. The court held there was no evidence sufficient for justification; the defendant did not meet its burden to prove the truth of the imputations by reference to the plaintiff's conduct. The plaintiff's actions were proper and did not give rise to reasonable grounds for suspicion of corruption. An award of $200,000 was determined appropriate, including aggravated damages, reflecting injury to reputation, distress suffered, and the defendant's conduct.

Jurisdiction
Australia
Judgment Date
10 July 2009
Procedural Posture
Civil / Judgment
Outcome
verdict for the plaintiff
Legal Topics
['justification' 'truth' 'qualified Privilege' 'contextual Truth' 'substantial Truth' 'reasonable Suspicion' 'damages' 'aggravated Damages']
['defamation'] ['justification' 'truth' 'qualified Privilege' 'contextual Truth' 'substantial Truth' 'reasonable Suspicion' 'damages' 'aggravated Damages']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the published imputations were defamatory of the plaintiff and whether they could be justified by the defendant' 'Whether the defendant had evidence sufficient to justify the pleaded imputations' 'Appropriate measure and nature of damages, including aggravated damages']

Ratio Decidendi

The jury found three defamatory imputations published. The court held there was no evidence sufficient for justification; the defendant did not meet its burden to prove the truth of the imputations by reference to the plaintiff's conduct. The plaintiff's actions were proper and did not give rise to reasonable grounds for suspicion of corruption. An award of $200,000 was determined appropriate, including aggravated damages, reflecting injury to reputation, distress suffered, and the defendant's conduct.

Court Disposition

verdict for the plaintiff

Orders

  • ['Damages awarded to the plaintiff in the sum of $200,000; order deferred for costs until parties make submissions.']