O’Neill v Fairfax Media Publications (No 2) [2019] NSWSC 655
Supreme Court of New South Wales
McCallum J
Defamation – action arose from newspaper articles concerning boxing match between Mr Mundine and Mr Green – plaintiff was ’ringside doctor’ – plaintiff, after Mr Green was struck by Mr Mundine, had ’excluded injury or concussion’ to Mr Green and the fight had continued – Mr Mundine’s strike was ’later ruled a foul blow’ – plaintiff sued first defendant proprietor of newspaper and second defendant ’journalist and author’, claiming articles defamed him – defendants denied the articles had conveyed imputations – if imputations found to be conveyed, defendants relied on defence of justification and defence of honest opinion – whether articles conveyed imputations – negligence – incompetence – recklessness – ss25 & 31 Defamation Act 2005 (NSW) – held: articles were defamatory of plaintiff – defences failed – plaintiff entitled to judgment in sum of $385,000.
