There is insufficient evidence Rebel Wilson lost millions in potential earnings as a result of several defamatory articles in Australian magazines, Melbourne’s court of appeal has heard.
The Australian actor was awarded more than $4.5m in damages, plus interest and court costs, in her libel case against magazine publisher Bauer Media last year.
The award comprised $650,000 in general damages, including aggravated damages, and $3,917,472 in special damages for opportunities of screen roles lost because of the articles.
But legal counsel for Bauer, barrister Michael Wheelahan QC, spent six hours arguing the payment of special damages was unjustified and asked the three judges of the appeals court to reassess the amount awarded by Justice John Dixon in September.
“There has been a denial of natural justice,” Wheelahan said.
So significant was the amount awarded to Wilson that media companies News Corp Australia, Fairfax Media, Macquarie Media, the ABC and the Seven and Nine networks lined up in February to ask the Victorian appeal court for leave to intervene, in an effort to prevent defamation payouts escalating.
The Hollywood actor entered the court with her mother, Sue Bownds, and her high-profile, $9,000-a-day barrister, Matthew Collins QC.
Court of appeal justices Pamela Tate, David Beach and David Ashley will hear submissions from Collins on Thursday.
Wheelahan did not argue that Wilson, 38, was not defamed by Bauer, which painted her as a serial liar about her age, real name and childhood, but that the amount of special damages was “manifestly excessive” and not supported by the evidence.
Wheelahan said Dixon made errors of fact and law when deciding on the amount of damages – in particular in accepting that Wilson lost film roles in the period after the articles were published.
“The jury found each of the articles was defamatory and rejected the defendants’ triviality defences,” Dixon wrote in his judgment. “The sting was serious, likely to be injurious and understood as such by the defendants prior to publication.
“I do not accept that the articles were published for a local Australian audience. The internet cannot be so classified.”
Bauer Media general counsel Adrian Goss said in a statement: “It is important for us today to revisit this decision on the quantum of damages, which also has broader implications for the media industry.
“In the lead-up to today, major media organisations united in an unprecedented way to support a key point in Bauer’s appeal.
“From here, the legal process will run its due course and we will await the final judgement on this matter.”
Speaking outside court, Wilson said Hollywood had been well aware of her case.
“Taylor Swift just congratulated me the other day, at Ruby Rose’s birthday party actually,” she told reporters.
She said she was confident her team would successfully defend the appeal.
“[Bauer] maliciously defamed me and I’m here to hold them accountable for that.”
Last week Wilson’s application to have $1.3m of her $1.4m legal costs paid by Bauer was refused by the Victorian supreme court. However, it is expected that the actor will have at least 80% of those costs – or $1.123m – repaid.
