Rebel Wilson’s High Court bid rejected

Hollywood celebrity Rebel Wilson has been ordered to repay her multimillion-dollar payout to the magazine publisher that defamed her.

Hollywood actor Rebel Wilson has been ordered to repay her multimillion-dollar payout to the magazine publisher that defamed her after losing her right to appeal.

The High Court today knocked back special leave for Wilson to fight her defamation case against Bauer Media.

Wilson’s barristers, Matthew Collins QC and Renee Enbom, appeared before the High Court in Canberra on Friday seeking special leave to appeal after she was forced to repay almost 90 per cent of her record $4.7 million payout to the Woman’s Day publisher that defamed her.

But the court refused the application, with costs. Wilson will retain $600,000 of the original payout after repaying about $4.1 million but is understood to be out of pocket at least $2 million in legal expenses on top of that.

Sydney Law School defamation expert, Professor David Rolph, told news.com.au that the High Court case would have likely cost both parties millions of dollars each for “barristers, solicitors and all sorts of things”.

He said it was always going to be financially risky for Wilson to apply for special leave in the High Court because it “tends to want to resolve difficult points of law” rather than “overturn findings about fact”.

“The Victorian Court of Appeal found the trial judge made a number of errors in reaching the conclusion Wilson suffered economic loss,” Prof Rolph said.

“The largest component of the damages awarded to Wilson were for economic loss which is difficult to prove, the judge was convinced but not the Court of Appeal.”

It’s been a long journey in the Australian courts these past few years and I am glad the matter is now at a definite end. I have been determined to stand up to a bully and I am proud of myself for doing so. To win such a huge case and receive $600 000 in damages from Bauer Media

— Rebel Wilson (@RebelWilson) November 16, 2018

is extremely significant and close to an Australian record! The clear jury verdict vindicated my reputation, and now everybody knows the truth about the disgusting behaviour of this media company, who have been found guilty of malicious defamation.

— Rebel Wilson (@RebelWilson) November 16, 2018

Prof Rolph said there was increasing incentive for plaintiffs to sue for defamation based on economic loss rather than personal injury because payouts were not capped.

“In 2005 we capped damages so non-economic loss for injury to feelings could not exceed $389500,” he said.

“But economic loss (caused by defamation is) very difficult to prove … (you basically need) evidence of a contract that has been cancelled by another party who says it was because of what they read.

“Whereas Rebel’s argument was that she lost opportunities which the court should place value on.”

Rebel Wilson arriving at the High Court in Canberra. Picture Kym Smith

Wilson reportedly sat in the front row of the public gallery during today’s hearing before calling it a “definitive end to the case” outside the court after the proceedings.

The Pitch Perfect star told reporters she was pleased she saw the case through, despite losing the right to appeal.

“This has been a long fight and a long journey in the courts but the great thing about today is that it brings it to a definitive end,” Wilson said.

“The whole reason for bringing this case is that I really wanted to stand up to a bully, which is Bauer media and I’m so proud of myself that I did that and saw it out right to the bitter end.” In a series of tweets soon after leaving court, Wilson said “the clear jury verdict vindicated (her) reputation”.

“Now everybody knows the truth about the disgusting behaviour of this media company, who have been found guilty of malicious defamation,” she wrote.

Bauer Media welcomed the court decision.

“Bauer Media is invested in its Australian business now more than ever,” Bauer chief executive Paul Dykzeul said in a statement.

“Our audience trust our content and our writers and they love our iconic brands like Woman’s Day and Australian Women’s Weekly.”

Rebel Wilson has lost her appeal. Picture: Kym Smith.

During her defamation trial in the Supreme Court of Victoria last year, Wilson proved journalists from Bauer had painted her a serial liar about her real name, age and childhood in order to make it in Hollywood.

In awarding the damages in 2017, Justice John Dixon said the defamation extent was “unprecedented in this country” because of the articles’ global reach.

My legal team is exceptional and amazing, and I’m so grateful to have had amazing support from my family, friends and fans along this journey. I am proud of this victory and all of the hard fight! Thanks everyone ❤️

— Rebel Wilson (@RebelWilson) November 16, 2018

Despite the judge awarding the Los Angeles-based star a record-breaking Australian damages payout, Bauer successfully appealed the dollar figure. The Court of Appeal determined Wilson couldn’t prove economic loss or that she missed out on film contracts as a result of the Bauer articles, with Wilson forced to repay most of her payout.

If Wilson was successful in her bid for leave to appeal, her case would have been heard by the full bench of the High Court.

— With AAP