NSW Caselaw
New South Wales Court of Appeal
CITATION : SONDA v. SIGNORELLI [2004] NSWCA 134 HEARING DATE(S) : 03/03/2004 JUDGMENT DATE : 6 May 2004
JUDGMENT OF : Beazley JA at 1; Santow J at 62; Howie J at 69 DECISION : 1. Appeal allowed; 2. Orders made by Gibson DCJ on 19 August 2003 be set aside; 3. An order that the answer of the jury to the questions asked of them on 9 July 2003 be the verdict of the Court; 4. Judgment for the appellant in the proceedings accordingly; 5. An order that the respondent pay the appellant's costs of this application and the proceedings in the court below
CATCHWORDS : DEFAMATION - Section 7A of Defamation Act (NSW) 1974 - "Jury trial" - Trial process. - NEW TRIAL - Section 126(2) of District Court Act (NSW) 1973 - Test to be applied - Whether the verdict is one at which no reasonable jury could have arrived - Trial judge not to question correctness of jury verdict. LEGISLATION CITED : Defamation Act 1974 District Court Act 1973 Beran v Channel Seven [2003] NSWCA 272 Channel Seven Sydney Pty Limited v Parras [2002] NSWCA 202 CASES CITED : Costains (Australia) Pty Limited v Atkinson (5 October 1995, unreported) John Fairfax Publications Pty Ltd v Rivkin (2003) 201 ALR 77 Nationwide News Pty Limited v Warton [2002] NSWCA 377 PARTIES : Tracie Sonda (Appellant) Paul John Signorelli (Respondent) FILE NUMBER(S) : CA 40797/2003 COUNSEL : S. Wheelhouse SC/M. Richardson (Appellant) T. Hale SC/T. Thawley (Respondent) SOLICITORS : Corrs Chambers Westgarth (Appellant) Solari Legal (Respondent)
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