Wraydeh v Fairfax Media Publications Pty Limited; Wraydeh v Nationwide News Pty Limited [2021] NSWCA 153 (21 July 2021) (Bell P at [1], Gleeson JA at [2], Simpson AJA at [3])


Catchwords:


DEFAMATION – defences – common law qualified privilege – privileged occasion – privileged communication – whether communication relevant to privileged occasion – no test of necessity – news publications based on police media releases – additional information in publications not foreign to occasion of privilege

DEFAMATION – remedies – compensatory damages – whether assessment of damages manifestly inadequate – primary judge justified in using appellant’s failure to correct the record as indicative that the appellant was not hurt and distressed as claimed

DEFAMATION – remedies – compensatory damages – whether assessment of damages manifestly inadequate – adverse credibility findings