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Wagners vs. Channel 9 & journalist...the legal fight's not over yet.

Channel 9 and journalist Nick Cater will to return to court on May 25th, to fight the Supreme Court's ruling of paying four Toowoomba brothers $3.7 million in defamation damages, arguing the penalty is manifestly excessive.

Denis, John, Neill and Joe Wagner were awarded the damages in November last year, following what the court found were defamatory comments, made by '60 Minutes' about the Grantham floods.

The court was told the 2015 report falsely alleged the Wagner's were responsible for the deaths of 12 people, when a quarry wall owned by the family collapsed.

Justice Peter Applegarth ordered five Channel 9 defendants pay each brother $600,000 damages, plus interest and Mr.Cater to pay each brother $300,000, along with added interest.

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