Peter FitzSimons criticised Tom Waterhouse for an email his business sent to ARU supporters.

"And what about a little truth in advertising? What about you add to your spiel, 'I'm prepared to take a little hit, just once, just to get you on the gambling hook, in the hope that I can then shake you down for decades to come!'

"Do NOT send me your awful offal again. And shame on the ARU for serving up its dwindling supporter base to the likes of you. It is acting well outside its charter to serve the interests of the game, and will face an outright revolt if it continues. Be told. Mr FitzSimons, to you."

In pleadings filed to the NSW District Court, Mr Waterhouse alleged the article contained several defamatory imputations, including that he "harassed persons who handed over details to the ARU", "exposed the children of people who handed over their details to the ARU to harassment and gambling" and that he was not "a genuine supporter of the Wallabies but uses them as a means to make money from gambling".

In court on Wednesday, Judge Michael Finnane handed down a judgment in favour of Fairfax Media, by consent from both parties. The judge set aside existing costs orders and made no other orders concerning costs.