Defamation – Defences – Fair protected report of court proceedings – Later publication of protected report or fair extract – Whether court officer making available reasons for judgment publishes a protected report of court's proceedings – Whether court or court officer a "person" – Whether newspaper article was a later publication of a fair extract, fair abstract or fair summary of a protected report – Whether publisher had knowledge which should make him or her aware that publication not fair – Corporate knowledge of publisher – Defamation Act 1974 (NSW), ss 24(3), 24(4).
Defamation – Defences – Qualified privilege – Reasonableness of conduct of publisher – Defamation Act 1974 (NSW), s 22.
Defamation – Damages – Comparison with other awards of damages for defamation – Comparison with awards of damages for personal injuries – Defamation Act 1974 (NSW), s 46A(2).
Words and phrases – "protected report", "fair extract or fair abstract from, or fair summary", "manifestly excessive".
Defamation Act 1974 (NSW) – ss 22, 24(3), 24(4), 46A(2).
Judgment date
Case number
S417/2002
Before
Gleeson CJ, Gummow, Hayne, Callinan, Heydon JJ
Catchwords