Channel Seven Sydney Pty Ltd v Fisher [2015] NSWCA 414

APPEAL – defamation – assessment of damages – amount in issue relatively small – unfavourable credit findings with respect to the plaintiff by the trial judge – whether remittal required – whether substantial miscarriage of justice if no new trial ordered – Uniform Civil Procedure Rules (NSW), r 51.53 – relevance of the costs of new trial and determining the matter of appeal – Civil Procedure Act 2005 (NSW), Pt 6

DEFAMATION – assessment of non-economic damages – mitigation of damages – effect on plaintiff’s reputation of imputations found to be true in whole or in part – whether judge impermissibly “netted” imputations – whether relevant findings not made – contextual imputation found not to be true by the jury – whether the trial judge impermissibly took contextual imputation into account

COSTS – defamation – damages reduced on appeal – plaintiff’s offer rejected by defendants – where unfavourable findings made by trial judge about plaintiff’s conduct at trial – whether to order costs where lengthy trial resulted in low award

Matthew Richardson appeared for Channel Seven Sydney.