Fairfax Media has lost its appeal against a successful defamation lawsuit brought by international cricketer Chris Gayle over a claim he exposed himself to a female massage therapist.
The NSW Court of Appeal on Tuesday also dismissed a cross-claim by the West Indies batsman related to his “manifestly inadequate” $300,000 damages payout.
In October 2017, a NSW Supreme Court jury found in favour of Gayle, who sued Fairfax Media for defamation over articles claiming he exposed himself to Leanne Russell.
The four jurors found Fairfax had not established that Gayle had exposed himself in the team dressing room during a Sydney training session at the 2015 World Cup.
In its appeal, Fairfax contended it did not receive a fair trial as there had been overwhelming grounds for the judge to discharge the jury and order a new trial after Gayle’s barrister launched a “pretty full-throttled attack” on the credibility of Ms Russell during his closing address.