NORRIS v ILLAWARRA NEWSPAPER HOLDINGS PTY LTD [1997] NSWCA 228

NORRIS v ILLAWARRA NEWSPAPER HOLDINGS PTY LTD SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MASON P and PRIESTLEY JA 28 April 1997

[1997] NSWCA 228

Mason P. On 12 December 1995 following proceedings heard by judge alone, Mr Justice Badgery-Parker found a verdict in favour of each plaintiff, Garry Norris and Garry Norris Home Improvements Pty Ltd, against Illawarra Newspaper Holdings Pty Ltd for defamation. The verdict in favour of Mr Norris was $65,920 and that in favour of his company in the sum of $26,175. Each appellant appealed as of right to the Court of Appeal from the decision of his Honour. The amended notice of appeal sets out the grounds of appeal and they include: a claim of procedural unfairness; criticism of comments of the judge; failure to give proper effect to the law of defamation; and complaint about the insufficiency of the damages that were awarded. A new trial before judge and jury was sought.

The appeal papers are in the course of preparation for the hearing of the substantiveappeal which has yet to be fixed for hearing. By notice of motion dated 14 March 1997 Mr Norris and his company, the appellants, sought various orders in the Court of Appeal. The hearing of this application took place before Registrar Jupp and from the orders made by Registrar Jupp the appellants appealed to this court.

In the notice of motion the appellant sought an order for expedition of the appeal. The Registrar referred that matter to the judge who deals with such applications, currently Mr Justice Powell, and I do not understand that part of the Registrar's decision to be under attack.

The second substantive application made in the notice of motion was for an order that the first respondent, that is Illawarra Newspaper Holdings Pty Ltd, return to the second-named plaintiff the awarded moneys of $20,000 plus interest of $6,175 which was, as I have already indicated, the amount of the verdict entered by Mr Justice Badgery-Parker in favour of that plaintiff.