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ABC News
ABC News
National
By Liz Hobday

Rebel Wilson feeling 'very confident' of defeating appeal against $4.5m payout

Actress Rebel Wilson says she feels confident her legal team will defeat an appeal against her record payout for defamation.

Ms Wilson was awarded $4.5 million in damages last year, after a jury found that Bauer Media magazines had defamed her in a series of articles that said she had lied about her age, real name and childhood.

The Hollywood star arrived at the Court of Appeal in Melbourne flanked by her lawyers.

"Obviously we are feeling very confident going into this today," she said.

"It's just part of the process, so I've got to do it."

Bauer Media argued before a panel of three judges that Wilson's damages payout was excessive, and should be set aside due to errors in fact and law.

But one member of the panel, appeals Justice David Beach repeatedly questioned aspects of Bauer's case.

"It looks very much to me like one of those cases [that is] happy to wound, but very afraid to strike," he told counsel for Bauer, Michael Wheelahan, QC.

At trial last year before Justice John Dixon, Rebel Wilson's legal team successfully claimed Bauer's publications Woman's Day and The Australian Women's Weekly had made the actress out to be a serial liar.

But in its defence, Bauer's counsel told the jury the articles were true and, in any case, trivial and unlikely to cause Wilson any harm.

Today Justice Beach questioned the construction of Bauer's defence.

"Telling multiple trivial lies is the same as being a serial liar is it?" he asked.

"If I tell someone the Easter Bunny exists and Father Christmas exists, then I am a serial liar?"

Mr Wheelahan, for Bauer, replied, "in context, that may be so".

Bauer has also argued that the trial ruling resulted in a denial of natural justice for Bauer's general counsel, Adrian Goss, that was tantamount to a finding of perjury against him.

In his reasons for Wilson's record defamation payout, Justice Dixon found Mr Goss had falsely denied that Bauer's articles about Rebel Wilson had been published to coincide with her film, Pitch Perfect 2.

"I infer that the denial was knowingly false," Justice Dixon found.

"I am satisfied that the timing was deliberate and part of a commercial strategy implemented in reckless disregard for Ms Wilson's reputation."

Mr Wheelahan said these findings put Bauer's general counsel in an "effectively defenceless position", that put into question his professional integrity.

"There are so many ways in which that finding is very serious," Mr Wheelahan told the court.

The hearing continues.

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