NSW Caselaw
New South Wales Court of Appeal
CITATION: State of New South Wales v Frawley [2006] NSWCA 317
HEARING DATE(S): 9 November 2006
JUDGMENT DATE: 9 November 2006
JUDGMENT OF: McColl JA at 1; Basten JA at 6
EX TEMPORE JUDGMENT DATE: 11/09/2006
DECISION: Application for leave to appeal dismissed with costs.
CATCHWORDS: DEFAMATION - application for leave to appeal from refusal of application for summary dismissal - question whether claimant responsible for internet publication on school computers where principal failed to respond to plaintiff's request to have matters complained of removed from website, or to bar students from accessing computers - matter of practice and procedure - primary application proceeded on assumed facts - actual facts to be determined by jury at s 7A Defamation Act hearing - leave refused (ND)
LEGISLATION CITED: Defamation Act 1974
Adam P Brown Male Fashion Pty Ltd v Philip Morris Inc [1981] HCA 39; (1981) 148 CLR 170 CASES CITED: Frawley v State of New South Wales [2006] NSWSC 48 In re the will of Gilbert (decd) (1946) SR (NSW) 318
PARTIES: State of New South Wales - Claimant Gregory Frawley - Opponent
FILE NUMBER(S): CA 40193 of 2006
COUNSEL: T Molomby SC with K Andronos - Claimant L McCallum SC with PM Sibtain- Opponent
SOLICITORS: IV Knight, Crown Solicitor - Claimant MacMahon Associates - Opponent
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 20243 of 2005
LOWER COURT JUDICIAL OFFICER: Simpson J
LOWER COURT DATE OF DECISION: 6 April 2006
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