NSW Caselaw
New South Wales Court of Appeal
CITATION: The Age Corporation Limited v. Beran [2005] NSWCA 289
HEARING DATE(S): 3 August 2005
JUDGMENT DATE: 26 August 2005
JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Brownie AJA at 55
DECISION: 1. Leave to appeal granted, Notice of Appeal to be filed within 7 days. 2. Appeal dismissed with costs
CATCHWORDS: DEFAMATION - PRACTICE AND PROCEDURE - Two articles in newspaper - Whether open to plaintiff to plead them separately, or whether they had to be pleaded as one publication - Previous decision against plaintiff in respect of very similar publication in another newspaper - Whether proceedings an abuse of process.
Beran v. John Fairfax Publications Pty. Limited [2004] NSWCA 107 Burrows v. Knightly (1987) 10 NSWLR 651 Gordon v. Amalgamated Television Services Pty. Limited [1980] 2 NSWLR 410 Haines v. Australian Broadcasting Corporation (1995) 43 NSWLR 404 Harris v. 718932 Pty. Limited (2003) 56 NSWLR 276 Morris v. Wentworth-Stanley [1999] QB 1004 CASES CITED: Phelps v. Nationwide News Pty. Limited [2001] NSWSC 130 Reichel v. Magrath (1899) 14 App Cas 665 Rippon v. Chilcotin Pty. Limited (2001) 53 NSWLR 198 Rogers v. The Queen (1994) 181 CLR 251 Ron Hodgson (Trading) Pty. Limited v. Belvedere Motors (Hurstville) Pty. Limited [1971] 1 NSWLR 472 Tsvangarai v. Special Broadcasting Service [2002] NSWSC 532
The Age Corporation Limited - claimant PARTIES: Roy Beran - opponent
FILE NUMBER(S): CA 40739/04
Mr. P.W. Gray SC with Mr. T.M. Thawley for claimant COUNSEL: Mr. R.G. McHugh for the opponent
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