V'landys v Australian Broadcasting Corporation (No 3) [2021] FCA 500

V'landys v Australian Broadcasting Corporation (No 3) [2021] FCA 500

The report did not convey any of the four pleaded defamatory imputations, or any imputations not differing in substance from them. Although the report portrayed the racing industry and the effectiveness of Racing NSW's welfare measures negatively, and may have made Mr V'landys' confidence in those measures appear misplaced or naïve, it did not convey that he knew racehorses were being slaughtered or mistreated, that he had seen the covert footage, that he callously permitted or ignored cruelty, or that he dishonestly asserted matters he knew to be false. The application therefore had to be dismissed.

Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Defamation Proceedings / Final Judgment After Hearing
Outcome
Application dismissed with costs.
Legal Topics
['defamatory Imputations' 'ordinary Reasonable Viewer or Reader' 'television Broadcast and Online Publication' 'aggravated Damages' 'malice' 'costs']
['defamation' 'evidence'] ['defamatory Imputations' 'ordinary Reasonable Viewer or Reader' 'television Broadcast and Online Publication' 'aggravated Damages' 'malice' 'costs']

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Procedural Posture

Defamation Proceedings / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the ABC report, online version and transcript conveyed any of the pleaded defamatory imputations, or imputations not differing in substance from them, to an ordinary reasonable viewer or reader.' "Whether the report conveyed that Mr V'landys knew about, dishonestly denied, callously permitted or was indifferent to the slaughter and mistreatment of thoroughbred racehorses." 'Whether, if defamatory imputations were conveyed, aggravated damages would be available on the basis that the ABC and Ms Meldrum-Hanna were actuated by malice.']

Ratio Decidendi

The report did not convey any of the four pleaded defamatory imputations, or any imputations not differing in substance from them. Although the report portrayed the racing industry and the effectiveness of Racing NSW's welfare measures negatively, and may have made Mr V'landys' confidence in those measures appear misplaced or naïve, it did not convey that he knew racehorses were being slaughtered or mistreated, that he had seen the covert footage, that he callously permitted or ignored cruelty, or that he dishonestly asserted matters he knew to be false. The application therefore had to be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • ["The applicant's application filed 21 February 2020 be dismissed." "The applicant pay the respondents' costs as agreed or assessed."]