Maitland & Anor v Nationwide News Pty Limited [2004] NSWCA 155

New South Wales Court of Appeal

CITATION : Maitland & Anor v Nationwide News Pty Limited [2004] NSWCA 155 HEARING DATE(S) : 8 October 2003 JUDGMENT DATE : 14 May 2004

JUDGMENT OF : Mason P at 1; McColl JA at 5; Davies AJA at 81 DECISION : 1. Extend the time for filing the application for leave to appeal to 30 April 2003. 2. Grant the appellants leave to appeal upon their undertaking to file in the Registry of the Court within 48 hours a Notice of Appeal in the form of the draft handed to the Court and to pay the filing fee in respect thereof. 3. Dismiss the appeal. 4. Order the appellants to pay the costs of the appeal including the application for an extension of time.

CATCHWORDS : DEFAMATION - PRACTICE AND PROCEDURE - appeal from jury decision - whether jury's finding that imputations not conveyed was one which no reasonable jury could reach - whether period of jury's deliberation so short as to suggest failure to perform its function - principles governing granting extension of time for filing application for leave to appeal. (D) Defamation Act 1974 (NSW) s 7A LEGISLATION CITED : Supreme Court Rules 1970 (NSW) Pt 36 r 4, Pt 51 r 4 Workplace Relations Act 1996 (Cth) s 4, s 4A, Schedule 1B Gallo v Dawson (1990) 93 ALR 479 Jackamarra v Krakouer (1998) 195 CLR 516 CASES CITED : John Fairfax Publications Pty Limited v Rivkin [2003] HCA 50; (2003) 77 ALJR 1657 Outboard Marine Australia Pty Limited v Byrnes [1974] 1 NSWLR 27 Stollznow v Calvert [1980] 2 NSWLR 749 John Maitland (Claimant) PARTIES : Construction Forestry Mining and Energy Union (Second Claimant) Nationwide News Pty Limited (Opponent) FILE NUMBER(S) : CA 40348/03 COUNSEL : R K Weaver (Claimants) T D BlackburnSC/A F Gemmell (Opponent) SOLICITORS : R L Wyburn & Associates (Claimants) Blake Dawson Waldron (Opponent)