NSW Caselaw
New South Wales Court of Appeal CITATION : Evatt v Nationwide News Pty Ltd [1999] NSWCA 99 FILE NUMBER(S) : CA 40175/97 HEARING DATE(S) : 3 March 1999 JUDGMENT DATE : 19 April 1999
PARTIES : Lyndal Evatt Nationwide News Pty Ltd (t/as Cumberland Newspapers) JUDGMENT OF : Sheller JA at 1; Powell JA at 2; Giles JA at 3
LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT FILE NUMBER(S) : CLD 1049/93 LOWER COURT JUDICIAL OFFICER : Newman J
COUNSEL : Appellant - J R Young Respondent - T S Hale & M S C Champion SOLICITORS : Appellant - Charters, Auburn Respondent - Cropper Parkhill, Sydney CATCHWORDS : DEFAMATION - statutory qualified privilege - whether conduct in publishing defamatory material reasonable in the circumstances - imputation found by jury not intended - believed in different meaning - failure to show conduct reasonable in relation to unintended imputation - defence not made out. DECISION : (1) Appeal allowed; (2) Set aside the judgment for the defendant and the order for costs; (3) Judgment for the plaintiff for $20,000; (4) Order the respondent to pay the appellant's costs of the proceedings at first instance and of the appeal.
17 THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
CA 40175/97 CL 10493/93
SHELLER JA POWELL JA GILES JA
Monday 19 April 1999 LYNDAL EVATT v NATIONWIDE NEWS PTY LTD (t/as CUMBERLAND NEWSPAPERS)
JUDGMENT
1 SHELLER JA: I agree with Giles JA.
2 POWELL JA: I agree with Giles JA.
3 GILES JA: The respondent Nationwide News Pty Ltd published the Northern District Times, circulating principally in the northern suburbs of Sydney. The edition of 27 January 1993 contained an article written by Mrs Leanne Younes, a journalist employed by the respondent, concerning a meeting of residents of a public housing estate at Ryde known as Ivanhoe Place. The meeting had been called by an association known as the Ivanhoe Place Residents Association Inc, of which the appellant Ms Lyndal Evatt was then the secretary. It was chaired by Mr Wayne Tilly, an employee of the Public Tenants Council, a body established to represent the interests of persons occupying public housing in the State.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate