Rebel fails in High Court, but happy she stood up to a 'bully'

Michael Pelly and AP

Updated Nov 16, 2018 – 11.23pm, first published at 5.42pm

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Hollywood star Rebel Wilson's failure in the High Court on Friday would "send a chilling message to plaintiffs", according to a leading defamation lawyer.

Ms Wilson said there were no regrets after Australia's top court decided she had no prospects of success in her bid to win back a $4 million payout from Bauer Media . She said she was glad she had "stood up to a bully".

Mills Oakley partner Stuart Gibson said the decision emphasised that "if you want the big payouts you had better have a big war-chest and very compelling evidence".

Actor Rebel Wilson departs after the High Court of Australia knocked back a bid for her appeal on her defamation case with Bauer Media. "Today was just about a small point of special damages and for me it was never about the money, it was about standing up to a bully." Alex Ellinghausen / Fairfax Media

The actress sued Woman's Day magazine last year over a series of articles in 2015 that she said had painted her as someone who'd lied about her real name, age and childhood in order to make it in Hollywood.

The Victorian Supreme Court awarded her an Australian-record payout of $4.75million after a jury found she'd missed out on film roles because of the articles. However, the Court of Appeal wiped the $3.9 million award for economic loss and Ms Wilson was forced to repay Bauer $4.1 million.

Ms Wilson's application for special leave to appeal was based on whether the appeal court was justified in rejecting findings of fact by trial judge John Dixon about the effect on her career.

"In our opinion there are insufficient prospects that an appeal will succeed," Justice Virginia Bell said after hearing arguments from barristers for Ms Wilson and Bauer.

Ms Wilson, who sat in the front row of the public gallery, said she was proud of herself for "seeing it out right to the bitter end,"

"Today was just about a small point of special damages and for me it was never about the money, it was about standing up to a bully and I've done that."

The decision means Alan Jones and radio stations 2GB and 4BC are still the benchmark for defamation payouts in Australia with the $3.75 million damages award to Toowoomba's Wagner brothers in September.

Mr Gibson said the High Court's ruling was "unsurprising".

"One could not see the 'public interest' component necessary to satisfy the Court. 'Interest to the public' no doubt. "Public interest': not.

"The decision is obviously a blow to Ms Wilson. Who would want to pay these sorts of legal fees including to her Bauer Media just for the sake of 'taking it all the way'?

"It sends a chilling message to defamation plaintiffs that if you want the big payouts you had better have a big war-chest and very compelling evidence as to why you have suffered more than just reputational loss.

"As the case demonstrates, documents talk, witnesses walk. In other words make sure you have hard evidence that you lost income as a result of the defamatory publication(s) rather than just "say so". If you are going to call witnesses to support your loss they had better be absolutely compelling.

"And be prepared to lose the big bucks as well."

Bauer Media said it was "pleased that the High Court has chosen to bring an end to this matter".

Michael Pelly is the legal editor, based in our Sydney newsroom. He has been a senior adviser to federal and state attorneys-general and written two books, one a biography of former High Court Chief Justice Murray Gleeson. Email Michael at michael.pelly@afr.com