NSW Caselaw
New South Wales Court of Appeal
CITATION: Nationwide News Pty Ltd v Sleeman [2005] NSWCA 349
HEARING DATE(S): 09/08/05, 10/08/05
JUDGMENT DATE: 14 October 2005
JUDGMENT OF: Mason P at 1; Beazley JA at 2; Brownie AJA at 3
DECISION: 1. Appeal allowed, to the extent that the judgment for the respondent for $434,660.00 be set aside. 2. In lieu therefore, judgment for the plaintiff for $271,665.00 and costs, to take effect from 15 October 2004. 3. Appellant to pay 90 percent of the respondent's costs of the appeal.
CATCHWORDS: Defamation - comment by a stranger - question whether the matter published was published as a statement of fact or as comment - if as comment, whose comment - if not the stranger's words, not the stranger's comment. Defamation - damages.
Defamation Act 1974 LEGISLATION CITED: Motor Accidents Act 1988 (NSW) Civil Liability Act 2002 (NSW)
Fox v Percy (2003) 214 CLR 188 Lloyd v David Syme & Co Ltd (1985) 3 NSWLR 728 New South Wales Aboriginal Land Council v Perkins (1988) 25 NSWLR 340 Petritsis v Hellenic Herald Pty Ltd [1978] 2 NSWLR 174 Radio 2UE Sydney Pty Ltd v Parker (1992) 29 NSWLR 448 CASES CITED: Warren v Coombes (1979) 142 CLR 531 Turner v Metro-Goldwyn-Mayer Pictures Ltd [1950] 1 All ER 449 Grech v Odhams Press Ltd [1958] 1 QB 275 Pervan v North Queensland Newspaper Co Ltd (1993) CLR 309 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44
Nationwide News Pty Ltd - Appellant PARTIES: Richard Sleeman - Respondent
FILE NUMBER(S): CA CA 40988/04
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