Gatto v Australian Broadcasting Corporation

[2022] VSCA 66

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Defamation
2. › Imputations
3. › Natural and ordinary meaning
4. › Single meaning rule
5. › Whether pleaded imputations conveyed by matter complained of
6. › Whether single meaning is 'approximate centre point' in range of possible meanings
7. › Whether article reporting evidence given to court conveys meaning that matters reported are true
1. Appeal
2. › Standard of appellate review
3. › Defamation — determination of single meaning of publication
4. › Whether correctness standard or House v The King standard applies
5. › Whether trial judge's determination was reasonably open
1. Defamation
2. › Mode of publication
3. › Online news article
4. › Whether trial judge failed to account for sensational nature of article and mode of publication

Quick Take

The Victorian Court of Appeal applies the House v The King standard (not correctness) to appellate review of a trial judge's determination of single meaning, making such findings harder to overturn on appeal.