NSW Caselaw
New South Wales Court of Appeal
CITATION: Ainsworth v. Burden [2006] NSWCA 199
HEARING DATE(S): 10 July 2006
JUDGMENT DATE: 24 July 2006
JUDGMENT OF: Mason P at 1; Hodgson JA at 2; Bryson JA at 30
DECISION: 1. Appeal dismissed with costs. 2. Cross-appeal dismissed, with each party to bear its own costs to the extent that the overall costs of the appeal and cross-appeal have been increased by the bringing of the cross-appeal.
CATCHWORDS: DEFAMATION - Appeal - Finding of jury that defamatory letter was published in circumstances such that the plaintiff was unlikely to suffer harm - Whether finding appealably unreasonable.
Chappell v. Mirror Newspapers Ltd. (1984) Aust Torts Reports 80-691 John Fairfax Publications Pty. Ltd. v. Rivkin (2003) 77 ALJR 1657 CASES CITED: Jones v. Sutton (2004) 61 NSWLR 614 King & Mergen Holdings Pty. Ltd. v. McKenzie (1991) 24 NSWLR 305 Morosi v. Mirror Newspapers Ltd. [1977] 2 NSWLR 749
PARTIES: Leonard Hastings Ainsworth - appellant Leslie James Burden - respondent
FILE NUMBER(S): CA 40911/05
COUNSEL: Mr. R.R. Stitt QC with Mr. T.D. Blackburn SC for appellant Mr. C.A. Evatt with Mr. R.K.M. Rasmussen for respondent
SOLICITORS: Dibbs Abbott Stillman, Sydney for appellant Hunt & Hunt, Eastwood for respondent
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC21216/96
LOWER COURT JUDICIAL OFFICER: Patten AJ
LOWER COURT DATE OF DECISION: 2 November 2005
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA40911/05 SC 21216/96
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