Court of Appeal

Nationwide News Pty Ltd v Weatherup [2017] QCA 070 (16/5049) Fraser JA and Douglas and Applegarth JJ 21 April 2017

Full-text: QCA17-070.pdf

Catchwords

DEFAMATION ACTIONS FOR DEFAMATION FUNCTIONS OF JUDGE AND JURY IN GENERAL where a jury found a newspaper article conveyed two defamatory imputations about the respondent where the jury found the imputations were not substantially true whether the findings were ones that no reasonable jury could make

DEFAMATION ACTIONS FOR DEFAMATION MISCELLANEOUS DEFENCES CONTEXTUAL TRUTH where a jury found a contextual imputation was true where the jury found further harm was done by the imputations upon which the respondent succeeded whether that finding was one that no reasonable jury could make

DEFAMATION ACTIONS FOR DEFAMATION COSTS where costs were ordered on the indemnity basis where the damages assessed could have been awarded in the Magistrates Court whether the trial judge erred in ordering that costs be assessed by regard to the Supreme Court scale, rather than the District Court or Magistrate Court scales

Uniform Civil Procedure Rules considered

Rule 360 - Costs if offer to settle by plaintiffRule 361 - Costs if offer to settle by defendantRule 697 - Costs of proceeding in wrong courtRule 703 - Indemnity basis of assessment