Haertsch v Channel Nine Pty Ltd & Ors [2010] NSWSC 182

Haertsch v Channel Nine Pty Ltd & Ors [2010] NSWSC 182

The jury found that the broadcast conveyed defamatory imputations about the plaintiff, which were not established as substantially true; the conduct of the defendants in editing and presenting the programme, as well as specific actions during litigation, was improper and aggravated the harm; the plaintiff suffered compensable non-economic loss and a modest quantum for economic loss due to lost referrals; damages assessed having regard to the nature and seriousness of the imputation and harm, with aggravated damages appropriate due to the defendants' unjustifiable conduct.

Jurisdiction
Australia
Judgment Date
16 March 2010
Procedural Posture
Defamation / Judgment After Trial With Jury
Outcome
Judgment for the plaintiff against the defendants
Legal Topics
['defamation' 'damages' 'aggravated Damages' 'economic Loss']
['tort Law'] ['defamation' 'damages' 'aggravated Damages' 'economic Loss']

Case Brief

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Procedural Posture

Defamation / Judgment After Trial With Jury

Legal Issues

  1. 1 ['Whether the broadcast was defamatory of the plaintiff' 'Whether defences of truth or contextual truth under Defamation Act 2005 were established' 'Whether aggravated damages are available' 'Whether damages for economic loss are available']

Ratio Decidendi

The jury found that the broadcast conveyed defamatory imputations about the plaintiff, which were not established as substantially true; the conduct of the defendants in editing and presenting the programme, as well as specific actions during litigation, was improper and aggravated the harm; the plaintiff suffered compensable non-economic loss and a modest quantum for economic loss due to lost referrals; damages assessed having regard to the nature and seriousness of the imputation and harm, with aggravated damages appropriate due to the defendants' unjustifiable conduct.

Court Disposition

Judgment for the plaintiff against the defendants

Orders

  • ['Damages awarded for non-economic loss in the amount of $251,700' 'Damages awarded for economic loss in the amount of $15,000' 'Interest on non-economic loss at 3% per annum, amounting to $11,700' 'Interest on economic loss at 5% per annum, amounting to $1,219' 'Total judgment sum $267,919']