Saffron v John Fairfax Publications Pty Ltd

[2004] NSWCA 254

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Jury trial under s 7A Defamation Act 1974 (NSW)
3. › Whether imputation defamatory
4. › Imputation that plaintiff had unsavoury reputation
5. › Whether jury finding that imputation not defamatory was perverse
6. › Context of article as a whole
7. › Defamation Act 1974 (NSW), s 7A(3)
1. Appeal
2. › Appeal from jury verdict in defamation proceedings
3. › Standard of appellate review
4. › Whether verdict one that no reasonable jury could reach
5. › Reluctance for appellate intervention
6. › Heightened restraint where jury finds publication not defamatory

Quick Take

An imputation that a plaintiff has a bad reputation may not be defamatory where the article as a whole suggests the reputation is undeserved, and a jury's finding to that effect will not be disturbed on appeal. The distinction between an imputation of discreditable conduct (almost inevitably defamatory) and an imputation of bad reputation (not necessarily defamatory) is confirmed.