Harbour Radio P/L & Anor v John Tingle

[2001] NSWCA 194

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Imputations
3. › Capacity of matter complained of to convey pleaded imputation
4. › Whether broadcast capable of conveying imputation of bragging and dishonesty
5. › Inferences from direct statements
6. › Defamation Act 1974 (NSW), s 7A
1. Defamation
2. › Damages
3. › Aggravated damages
4. › Conduct of defence at trial
5. › Cross-examination of plaintiff
6. › Whether cross-examination must constitute ethical breach to be unjustifiable
7. › Whether conduct of case was not bona fide or not justifiable
1. Defamation
2. › Damages
3. › Quantum
4. › Whether damages excessive
5. › Appellate review of damages in defamation cases

Quick Take

Aggravated damages in defamation may be awarded where the conduct of the defence, including cross-examination, is not bona fide or not justifiable, even where counsel has not committed any ethical breach. The test from Rigby v Associated Newspapers Ltd asks whether the conduct of the case was capable of being regarded as not bona fide or not justifiable, not whether it infringed the rules of evidence or ethical standards of advocacy. Forceful advocacy within appropriate limits is not of itself a matter of aggravation, but cross-examination that extends the vitality of the defamatory publication and its capability of causing injury may ground aggravated damages.