O'Shaughnessy v Mirror Newspapers Ltd [1970] HCA 52

High Court of Australia Barwick C.J. McTiernan, Menzies, Windeyer and Owen JJ. O'Shaughnessy v Mirror Newspapers Ltd [1970] HCA 52

ORDER Appeal allowed with costs. Order of the Supreme Court of New South Wales set aside and in lieu thereof order that the appeal to that Court be allowed with costs, the verdict for the defendant set aside and that there be a new trial of the action.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 9 Barwick C.J., McTiernan, Menzies and Owen JJ.

This is an appeal by special leave from an order of the Court of Appeal of the Supreme Court of New South Wales [1] dismissing an appeal from a verdict and judgment for the defendant (the present respondent) in an action brought by the present appellant seeking damages for libel.

1. (1970) 91 W.N. (N.S.W.) 738.

The libel alleged was the publication in The Australian of a criticism of a performance of "Othello" sponsored by the Arts Council of Australia (N.S.W.) Division which was directed by the plaintiff and in which the plaintiff played the part of Othello.

The criticism was called "What A Tragedy" and was written by Katharine Brisbane. The substance of the article was that the plaintiff, having at his disposal as good a group of players as Australia could produce, wasted their talents in a dishonest production devoted to enhancing his own role at the expense of those of the rest of the cast. A few extracts illustrate this.

Stupidity and lack of talent are forgivable; brave failures are deserving of praise—these are every-day human failings. But the waste and dishonesty of this production, or rather recitation, make me very angry indeed.

I suspect the liveliness of John Norman's athletic, romantic Cassio and the lifelessness of Rob Inglis' Iago had something to do with the fact that Othello is seldom on stage with the former and almost always with the latter.