Fairfax Media Publications Pty Ltd v Pedavoli [2015] NSWCA 237

DEFAMATION – identification of plaintiff – articles published in major newspaper in print and online – imputations that female teacher had engaged in sexual misconduct with Year 12 boys at the school – plaintiff not named in matter complained of but identifiable by the inclusion of incorrect details – consideration of the principles in Baltinos – whether plaintiff can rely on extrinsic identifying facts acquired by readers after the matter complained of had been published to identify teacher – whether defendant implicitly invited readers to visit school website to ascertain identity of teacher

DEFAMATION – damages – assessment of damages under sections 34 and 35 of the Defamation Act 2005 (NSW) – principles applicable in the assessment of aggravated damages – whether cross-examination unjustifiable or improper – reliance on post-publication evidence as to reputation – scope of publication

Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7
Defamation Act 2005 (NSW), ss 183435Pt 3Pt 4

Fairfax Media Publications Pty Ltd v Pedavoli [2015] NSWCA 237 (20 August 2015)