Murphy v Nationwide News Pty Ltd [2021] FCA 381

Murphy v Nationwide News Pty Ltd [2021] FCA 381

Imputation D (that Mr Murphy as a lawyer was incapable of representing his client's interests in court by reason of the ravages of age and associated deafness) was found to be conveyed and defamatory; the respondents failed to prove substantial truth as required by the Defamation Act; applicant's absence from court was a matter of choice rather than incapacity; justification defence failed; aggravated damages not warranted.

Parties
Applicant: Mr Christopher Murphy; First Respondent: Nationwide News Pty Ltd ACN 008 438 828; Second Respondent: Ms Annette Sharp
Jurisdiction
Australia
Judgment Date
19 April 2021
Procedural Posture
Defamation / Judgment
Outcome
Judgment for applicant, justification defence rejected, damages awarded, injunction application not granted at this stage; matter stood over for further hearing and entry of final orders.
Legal Topics
Justification Defence, Aggravated Damages, General Damages, Professional Reputation, Incapacity Due to Age or Hearing Loss, Variant Imputation, Procedural Fairness, Referee Reports, Relief (injunction, Damages, Interest)
Defamation Justification Defence Aggravated Damages General Damages Professional Reputation Incapacity Due to Age or Hearing Loss Variant Imputation Procedural Fairness +2 more

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Parties

Mr Christopher Murphy

Applicant

Nationwide News Pty Ltd ACN 008 438 828

First Respondent

Ms Annette Sharp

Second Respondent

Procedural Posture

Defamation / Judgment

Legal Issues

  1. 1 Whether the article conveyed defamatory imputations about the applicant's incapacity to represent clients in court due to age and deafness
  2. 2 Whether justification defence under Defamation Act 2005 (NSW) s 25 was made out
  3. 3 Whether aggravated damages should be awarded

Ratio Decidendi

Imputation D (that Mr Murphy as a lawyer was incapable of representing his client's interests in court by reason of the ravages of age and associated deafness) was found to be conveyed and defamatory; the respondents failed to prove substantial truth as required by the Defamation Act; applicant's absence from court was a matter of choice rather than incapacity; justification defence failed; aggravated damages not warranted.

Court Disposition

Judgment for applicant, justification defence rejected, damages awarded, injunction application not granted at this stage; matter stood over for further hearing and entry of final orders.

Orders

  • Matter listed for further hearing and entry of orders at 10am on 21 April 2021.
  • Award of $110,000 for non-economic loss comprising general damages.