Aleksandra Gacic & Ors v John Fairfax Publications Pty Limited & Anor [2006] NSWCA 175

Reported Decision : 66 NSWLR 675

New South Wales Court of Appeal

CITATION: Aleksandra Gacic & Ors v John Fairfax Publications Pty Limited & Anor [2006] NSWCA 175

HEARING DATE(S): 31 March 2006, 3 April 2006

JUDGMENT DATE: 30 June 2006

JUDGMENT OF: Handley JA at 1; Beazley JA at 28; Ipp JA at 106

DECISION: 1. Appeal allowed; 2. Set aside the verdicts for the respondents; 3. Order that there be verdicts for the appellants in respect of imputations (a) and (c); 4. Order that the appellants' claim in relation to imputation (d) be remitted for determination by a jury in accordance with s 7A of the Defamation Act 1974 (NSW); 5. Order that the respondents pay the appellants' costs of the appeal and to have a certificate under the Suitors' Fund Act 1951 (NSW) if so entitled; 6. Order that the order for costs of the trial pursuant to s 7A of the Defamation Act 1974 (NSW) made by the trial judge remain as to 25 per cent thereof. Otherwise set aside the costs order made by the trial judge and Order that the respondents pay 50 per cent of the appellants' costs of that trial; the balance of the costs of that trial to abide the outcome of the further hearing.

CATCHWORDS: APPEAL – defamation – jury trial under s 7A of the Defamation Act 1974 (NSW) – unreasonable verdicts – appellate intervention warranted – verdict entered by appellate court in favour of appellant - APPEAL – error in inviting jury to consider whether an imputation involved an inference upon an inference – question one of capacity - DEFAMATION – publication – person injured in business, trade or profession - JURY – directions to jury – inadequate directions – clear directions needed to overcome misleading or irrelevant matters in counsel's address – interfering with jury verdict – imputations plainly defamatory – no reasonable jury properly directed could find otherwise