Mahommed v Channel Seven Sydney Pty Ltd [2006] NSWCA 213

New South Wales Court of Appeal

CITATION: Mahommed v Channel Seven Sydney Pty Ltd [2006] NSWCA 213

HEARING DATE(S): 26 July 2006

JUDGMENT DATE: 2 August 2006

JUDGMENT OF: Handley JA at 1; Santow JA at 2; McColl JA at 3

DECISION: 1. Appeal allowed; 2. Set aside the verdicts for the respondent; 3. Order that the appellant's claim in relation to imputations 1(a) - (c), 2(a) - (c) and 3(a) - (c) and 3(f), (g) and (h) be remitted for determination by a jury in accordance with s 7A of the Defamation Act 1974; 4. Respondent to pay the appellant's costs of the appeal; 5. Set aside the costs order made by the trial judge.

CATCHWORDS: DEFAMATION - 7A(3) Defamation Act 1974 - whether jury's determination only one of fifteen imputations of which the appellant complained was conveyed was one no reasonable jury could reach - HELD - jury's determination that imputations 1(a) - (c), 2(a) - (c), 3(a) - (c) and 3(f), (g) and (h) were not conveyed were decisions no reasonable jury could reach.(D)

LEGISLATION CITED: Defamation Act 1974 Supreme Court Rules 1970

Amalgamated Television Services v Marsden (1998) 43 NSWLR 158 Australian Broadcasting Corporation v Reading [2004] NSWCA 411 Beran v John Fairfax Publications Pty Ltd [2004] NSWCA 107 Burrows v Knightly (1987) 10 NSWLR 651 CASES CITED: Favell v Queensland Newspapers Pty Ltd [2005] HCA 52; (2005) 79 ALJR 1716 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 John Fairfax Publications Pty Ltd v Rivkin [2003] HCA 50; (2003) 77 ALJR 1657 Lewis v Daily Telegraph Ltd [1964] AC 234 Ramrahka v Chaundry [2006] NSWCA 42