Nationwide News P/L v Heggie [2001] NSWCA 257

New South Wales Court of Appeal

CITATION : Nationwide News P/L v Heggie [2001] NSWCA 257 FILE NUMBER(S) : CA 40062/01 HEARING DATE(S) : 19/06/01 JUDGMENT DATE : 13 August 2001

Nationwide News Pty Limited PARTIES : v Maria Heggie JUDGMENT OF : Meagher JA at 1; Hodgson JA at 12; Fitzgerald AJA at 25

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT 20208/99 FILE NUMBER(S) : LOWER COURT Bergin J JUDICIAL OFFICER :

COUNSEL : A: T S Hale SC/A A Henskens R: M Neil QC/R A Campbell SOLICITORS : A: Cropper Parkhill R: McGrath Dicembre & Co CATCHWORDS : Defamation - discharge of jury - whether counsel's address to the jury entitled the trial judge to discharge the jury - where counsel addressed the jury on the truth of the imputations alleged and intention of the publisher - whether error of discretion - appeal dismissed. LEGISLATION CITED : Defamation Act (1974) Wake v John Fairfax and Sons Ltd (1973) 1 NSWLR 43 at 49 CASES CITED: Australian Broadcasting Corporation v Comalco Ltd (1986) 68 ALR 259 Bik v Mirror Newspapers Ltd (1979) 2 NSWLR 679n DECISION : Appeal dismissed with costs.

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40062/01 MEAGHER JA HODGSON JA FITZGERALD AJA Monday, 13 August 2001 NATIONWIDE NEWS PTY LIMITED v MARIA HEGGIE FACTS The respondent, a Councillor elected to Fairfield Council, sued for defamation arising out of an article published by the appellant. The article discussed a meeting of the Fairfield Council at which certain development applications for gaming taverns were debated. The respondent alleged that ten imputations arose from the article.