NSW Caselaw
Reported Decision : 65 NSWLR 264
New South Wales Court of Appeal
CITATION: Mamdouh HABIB v NATIONWIDE NEWS [2006] NSWCA 14 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 3 February 2006
JUDGMENT DATE: 3 February 2006
JUDGMENT OF: Spigelman CJ at 1, 16; Santow JA at 14; Nicholas J at 15
EX TEMPORE JUDGMENT DATE: 02/03/2006
DECISION: Notice of motion dismissed.
CATCHWORDS: PRACTICE AND PROCEDURE - DEFAMATION – Notice of Motion – In proceedings arising from publication of defamatory matter prior to commencement of Defamation Act (2005) – Whether form of procedure contained in s7A, Defamation Act (1974), has been replaced by that in s21 and s22, Defamation Act (2005) for pre-commencement actions – Interpretation of Defamation Act (2005), sch 4 - cl 2 – Interaction of transitional provisions and s21 and s22 – Discussion of presumption against retrospectivity and procedural provisions – Whether the expression, "the determination of civil liability" in Defamation Act (2005), sch 4 - cl 2 encompasses substance and procedure - WORDS AND PHRASES – "the determination of civil liability"
Defamation Act (NSW) 1974: s 7A LEGISLATION CITED: Defamation Act (NSW) 2005: ss 21, 22, sch 4; cl 2 Interpretation Act (NSW) 1987: s 30
Maxwell v Murphy (1957) 96 CLR 261 CASES CITED: Rodway v R (1990) 169 CLR 515 Zollner Limited v Municipal Council of Sydney (1917) 17 SR (NSW) 164
PARTIES: Nationwide News Pty Ltd (Applicant/Defendant) Mamdouh Habib (Respondent/Plaintiff)
FILE NUMBER(S): CA CA 20350/05; CA 20048/05
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