Keramianakis v Regional Publishers Pty Ltd [2009] HCA 18

HIGH COURT OF AUSTRALIA

FRENCH CJ

GUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJ

CONSTANTINE KERAMIANAKIS APPELLANT

AND

REGIONAL PUBLISHERS PTY LTD RESPONDENT

Keramianakis v Regional Publishers Pty Ltd

[2009] HCA 18

29 April 2009

S311/2008

ORDER

1. Appeal allowed with costs.

2. Cross-appeal dismissed.

3. Set aside the orders of the New South Wales Court of Appeal of 21 December 2007.

4. In place thereof order that:

1. first appellant's appeal be allowed with costs;

(b) Order 1 and the second sentence of Order 3 of the orders made by the trial judge on 7 August 2006 be set aside; and

(c) there be a new trial in relation to the imputations set out in paragraphs (b) and (c) of paragraph 13 of the third amended statement of claim, limited to the issues of whether those imputations are carried by the newspaper article and are defamatory.

On appeal from the Supreme Court of New South Wales

Representation

G O'L Reynolds SC with A A Henskens and R J Anderson for the appellant (instructed by Pryor Tzannes & Wallis)

J S Wheelhouse SC with M F Richardson for the respondent (instructed by Johnson Winter & Slattery)

S J Gageler SC, Solicitor-General of the Commonwealth with G M Aitken intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Keramianakis v Regional Publishers Pty Ltd

Practice and procedure – Appeals – Availability of appeal where trial in District Court of New South Wales conducted with jury – Where trial judge entered "verdict" for defendant following jury's answers to questions – Whether appellant a party "dissatisfied with a Judge's … judgment or order in an action" within meaning of District Court Act 1973 (NSW), s 127(1) – Relevance of absence in Supreme Court Act 1970 (NSW) of express provision conferring power on Court of Appeal in relation to appeals from District Court trial with jury.