HARVEY v JOHN FAIRFAX PUBLICATIONS PTY LIMITED [2003] NSWCA 70

New South Wales Court of Appeal

CITATION : HARVEY v JOHN FAIRFAX PUBLICATIONS PTY LIMITED [2003] NSWCA 70 HEARING DATE(S) : 7 February 2003 JUDGMENT DATE : 9 April 2003

JUDGMENT OF : Mason P at 1; Sheller JA at 35; Ipp JA at 36 DECISION : Appeal allowed in part. For further orders see par 34.

CATCHWORDS : Defamation - jury rejects all pleaded imputations - appeal - whether findings perverse - extent of new trial (ND) PARTIES : John HARVEY v JOHN FAIRFAX PUBLICATIONS PTY LIMITED FILE NUMBER(S) : CA 40721/01 COUNSEL : Appellant: B R McClintock SC Respondent: T D Blackburn/ A T S Dawson SOLICITORS : Appellant: Carneys Lawyers Respondent: Freehills

LOWER COURT Supreme Court - Common Law Division JURISDICTION : LOWER COURT SC 0002/98 FILE NUMBER(S) : LOWER COURT Kirby J JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40721/2001 CLD 20002/98

MASON P SHELLER JA IPP JA

Wednesday 9 April 2003

HARVEY v JOHN FAIRFAX PUBLICATIONS PTY LTD JUDGMENT 1 MASON P: The Court is called upon to determine if a defamation verdict should be set aside because of unreasonable findings by a jury. 2 A lengthy article highly critical of the appellant was published in the Sydney Morning Herald on 20 September 1997. The heading, placed adjacent to a picture of Elle Macpherson, was THE MAN WHO SANK ELLE. The extended byline read: What do a beautiful supermodel, three premiers, 30 racing car drivers and millions of taxpayers have in common? They all wished they had never heard of a man named John Harvey. BEN HILLS explains.