MALAN v SILVAS [1992] NSWCA 143

MALAN vy SILVAS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY, SHELLER and Cripps JJA 14-15 April 1992, 3 July 1992

[1992] NSWCA 143

DEFAMATION — PROCEDURAL FAIRNESS DISPENSING WITH JURY ERRORS OF LAW The appellant was the defendant in the District Court to an action for defamation. He represented himself. The trial judge found for the plaintiff and the defendant appealed on the following grounds: 1. That the trial judge erred in not allowing the defendant to lead evidence of the plaintiff's alleged bad reputation or of incidents of alleged misconduct by the plaintiff; 2. That the trial judge denied the defendant procedural fairness by not informing him of his right to seek an adjournment to amend the pleadings; 3. That the trial judge had erred in dispensing with the jury.

Held:

1. The defendant had not given notice of his intention to lead evidence of bad reputation as required by the District Court Rules. In the absence of such notice his Honour was entitled to refuse to admit such evidence and it was not shown that he had erred in doing so;

2. In the circumstances of a civil case, it is not part of the duty of a trial judge to advise a party, even if unrepresented, that he may seek an adjournment to amend his particulars;

3. It had not been shown that in dispensing with a jury pursuant to a statutory power, the trial judge had erred.

District Court Act 1973 Defamation Act 1974 Supreme Court Rules District Court Rules

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