John Hewson defamation trial against Nine’s A Current Affair set for 2021
A trial date has been set for the defamation hearing against Nine and A Current Affairs presenter Tracey Grimshaw
NSW
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A Current Affair presenter Tracey Grimshaw will plead a defence of “honest opinion” in a defamation battle with former Liberal Party leader John Hewson.
Dr Hewson alleges he was falsely portrayed as an incompetent chief of an insurance company that “dudded” victims after a severe storm, in a segment that aired in May.
Nicole and Adrian Dolahenty filed a claim to GSA Insurance Brokers — chaired by Hewson — after losing items in a storage unit when hundreds of millimetres of rain fell across Sydney in February.
According to court documents, GSA passed the claim to a handling firm who found a nearby watercourse had overflowed and flooded the unit.
The firm concluded it was flood damage and not storm damage, which was not covered by the Dolahenty’s policy.
The Federal Court on Wednesday heard attempts to settle the matter out of court had been unsuccessful.
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Channel 9’s barrister Lyndelle Barnett told the court an expert would analyse the report relied upon by GSA to deny the Dolahenty’s claim.
“The experts’ report will go to the nature and extent of the weather event that occurred that gave rise to the damage. The analysis of the report relied upon by the insurance company to deny the claim,” Ms Barnett said.
The court heard Dr Hewson will allege Nine had a reasonable basis to believe Mr Dolahenty’s views were not honestly held.
But Nine say they knew Mr Dolahenty had a report from a hydrologist so they believed he must have known certain things.
Dr Hewson’s solicitor Paul Svilans told the court his client had “nothing to do with the decision on the insurance claim”.
“It was the broker. We’re a bit perplexed buy it all. In some respects, it’s a furphy,” Mr Svilans said.
Dr Hewson launched the case against Ms Grimshaw and journalist Danielle Post in June alleging they knew Mr Dolahanety’s claims were false.
The court documents say, just before the show went to air, A Current Affair was emailed GSA’s version of events but it was only “begrudgingly paid lip service” by Ms Grimshaw at the end of the segment and repeatedly undermined by Mr Dolahenty’s statements.
Dr Hewson also alleges A Current Affair had expert documents supporting the conclusion the damage was caused by the flood.
“(The defendants) knew these statements were false. They possessed no evidence supporting their truth and possessed expert evidence confirming their falsify,” the document alleges.
A four-day trial has been marked for April 12, 2021.
Originally published as John Hewson defamation trial against Nine’s A Current Affair set for 2021