A Sydney judge has been urged to award Chinese-Australian billionaire Chau Chak Wing close to the maximum available in general damages if he wins his defamation case against Fairfax Media.
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The businessman, philanthropist and political donor is suing Faifax Media and journalist John Garnaut in the Federal Court over an online story published in October 2015 that Dr Chau says insinuates he bribed a former UN president.
In final submissions on Tuesday, his barrister Bruce McClintock SC invited the judge to award close to the capped statutory amount for general damages, $389,500, if Fairfax loses because "it is very, very important for my client that his name be cleared of this matter".
He acknowledged Dr Chau was wealthy but said the case for him was about vindication.
The lawyer contends the article conveys four defamatory meanings including that Dr Chau bribed former UN president John Ashe and was part of a plot to bribe him.
He says it also suggested that Dr Chau acted in so seriously wrong a manner as to deserve extradition to the United States on criminal charges and that he created his Australian business empire by making illicit payments to government officials.
James Hmelnitsky SC, for Fairfax and Garnaut, denies the article insinuated "actual guilt", saying it suggested he was strongly suspected of being involved in the scandal.
If the judge finds the alleged defamatory meanings were conveyed, Fairfax relies on the defence of qualified privilege -submitting the article was of public interest and it acted reasonably.
Mr McClintock on Tuesday said any so-called denials by Dr Chau were "subverted" by the way they were presented in the article.
He cited the words "while the United States may be considering taking action against the billionaire businessman", saying using the word "may" was different to saying "may or may not".
The article also said: "Chau isn't really a doctor. He never even went to university", which Mr McClintock said clearly suggested his client was a liar because he calls himself that.
"This is saying he is a bullshit artist," the lawyer said.
But Mr Hmelnitsky said the article reported that Dr Chau denied all knowledge of anything, that he would issue a statement, that he didn't fear prosecution, and would come and go to Australia.
The hearing continues before Justice Michael Wigney.
Australian Associated Press
