Rebel Wilson takes defamation battle to High Court
HOLLYWOOD actor Rebel Wilson is taking her never ending defamation battle all the way to Australia’s highest court.
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HOLLYWOOD actor Rebel Wilson is taking her never ending defamation battle all the way to Australia’s highest court.
The Herald Sun can reveal Wilson has lodged an application for special leave to appeal with the High Court after her record $4.5 million payout was set aside.
It is understood the application was filed with the court on Wednesday night.
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Bauer Media general Counsel Adrian Goss said: “We are considering the issues raised by Ms Wilson and our position in relation to them.”
Bauer has 21 days to file a response setting out why it does not consider that the court should agree to hear the appeal.
It is understood the application will be considered by two judges of the High Court in Melbourne.
They can reach judgment off written submissions filed with the court or can request the parties attend to deliver brief oral submissions.
Legal sources say a decision either way could take up to three months.
If the court refuses to hear the appeal, the matter will reach its ultimate end, with no further avenue for appeal.
If however Wilson convinces the High Court there is merit to her appeal, the hearing will likely be determined by a full bench of the court in Canberra.
Wilson won the biggest defamation payout in Australian history last year after taking Bauer to court over a string of magazine articles she said destroyed her reputation.
Wilson claimed she was sacked from two films — Trolls and Kung Fu Panda 3 — and unable to land any more work due to the articles.
She was awarded a record $650,000 in general damages and $3,917,472 in special damages for economic loss.
The payout prompted an immediate appeal by Bauer that was upheld by the Court of Appeal that set aside the award for economic loss finding it had been wrongly awarded.
The court agreed with Bauer that trial judge Justice John Dixon had made an error when he ordered Wilson be compensated for losing film roles.
Wilson was ordered to the almost $4m in special damages paid to her, plus a further $60,000 in interest.
It also reduced the general damages amount by $50,000 leaving Wilson with a total payout of just $600,000, still above the $389,000 cap for damages of that kind.
Wilson claimed, despite the victory, she would be left out of pocket.
She has vowed to donate any compensation to charity.