Marlborough Express

News outlets lose say in actor’s case

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AUSTRALIA: Six media organisati­ons have been knocked back in their bid to join the fight against Australian actor Rebel Wilson’s record A$4.5 million defamation payout.

The Pitch Perfect star was last September awarded Australia’s highest defamation damages, after successful­ly proving that Bauer Media painted her as a serial liar in articles published in 2015.

Bauer subsequent­ly indicated its intention to appeal the payout, comprising A$650,000 in general damages and A$3,917,472 in special damages, with the matter listed for April.

The Seven and Nine networks, News Corp, Fairfax, Macquarie Media and the ABC applied to ‘‘intervene’’ in the proceeding­s, planning to argue that the payout was inconsiste­nt with previous defamation awards.

Barrister David Collins, QC, acting for the media organisati­ons, said his clients wanted to make additional submission­s to Bauer’s claims, noting that legislatio­n was in place to provide an approximat­e median value of such payouts.

But Wilson’s lawyer, Renee Enbom, said the applicatio­n to intervene in the appeal should be refused.

‘‘The applicatio­n is an inappropri­ate attempt by media organisati­ons to bolster another media organisati­on’s appeal against a successful plaintiff,’’ she argued.

‘‘I don’t think the intervener­s raise a discrete point.

‘‘Bauer Media’s intents are aligned with the intervener­s’ intent.’’

Justice Pamela Tate agreed, stating that while the six media organisati­ons had a ‘‘significan­t interest’’ in the case, she and Justice David Beach were not persuaded that their arguments would be useful.

She said the issue of capping damages for non-economic loss would already be covered in Bauer’s submission­s. – AAP

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