Hunt v Radio 2SM Pty Ltd (No. 2) [2010] NSWDC 43

New South Wales District Court

CITATION: Hunt v Radio 2SM Pty Ltd (No. 2) [2010] NSWDC 43

HEARING DATE(S): 26 March 2010; plaintiff's written submissions 26 March 2010; defendant's written submissions 30 March 2010

JUDGMENT DATE: 30 March 2010

JURISDICTION: Civil

JUDGMENT OF: Gibson DCJ

(1) Each of the questions identified by the plaintiff as issues for determination by the trial judge (i.e. the question of reasonableness for the purposes of s 18(1)(c) and the issue of "self-compelled publication") shall be determined by the jury. DECISION: (2) The jury shall determine issues of defamatory meaning for each of the publications by answering questions to this effect for each of the imputations pleaded. (3) The plaintiff pay the defendant's costs of this application (4) The plaintiff and defendant exchange draft questions by midday Thursday 1 April 2010 for the purpose of arriving at a list of questions for the jury being agreed upon prior to the commencement of the jury trial on Tuesday 6 April 2010 before me.

CATCHWORDS: TORT - defamation - jury trial - roles of judge and jury concerning issues of offer of amends and compelled self-publication - whether jury should make findings concerning imputations or the publications as a whole

Civil Procedure Act 2005 (NSW), s 56 LEGISLATION CITED: Defamation Act 1952 (UK), s 4 Defamation Act 1974 (NSW), Part 2A, ss 7A and 9D-9G Defamation Act 2005 (NSW), ss 7, 17, 18, 21, 22, 30 and 38

Brennan v Nationwide News Pty Ltd (1989) Aust Def Rep [50,065] Cassidy v Daily Mirror Newspapers Ltd [1929] All E R Rep 117 Corby v Channel Seven Sydney Pty Limited [2008] NSWSC 245 Davis v Nationwide News Pty Ltd [2008] NSWSC 699 CASES CITED: Haertsch v Andrews [1999] NSWSC 359 Hunt v Radio 2SM Pty Ltd [2009] NSWDC 236 Mirror Newspapers Ltd v Fitzpatrick [1984] 1 NSWLR 643; (1984) Aust Torts Reports 80-655 Oliver v Bryant Strata Management Pty Ltd (1995) 41 NSWLR 514 Zollner Ltd v Municipal Council of Sydney (1917) 17 SR (NSW) 164