NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court - 14 December 2007
New South Wales Court of Appeal
CITATION: HABIB v NATIONWIDE NEWS PTY LIMITED [2007] NSWCA 91 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 19/03/07
JUDGMENT DATE: 18 April 2007
JUDGMENT OF: Ipp JA at 1; Basten JA at 54; Handley AJA at 66
DECISION: Appeal dismissed with costs
CATCHWORDS: DEFAMATION – challenge to jury decision under s 7A(3) of the Defamation Act 1974 (NSW) that a newspaper article did not convey two imputations that were defamatory of the appellant – whether the jury's answers were unreasonable – whether senior counsel for the respondent made submissions to the jury that were "misleading, impermissible and unjustifiable", thereby giving the jury an opportunity to consider matters extraneous to the real issues in the trial – whether the trial judge misdirected the jury as to how they were to understand senior counsel's submissions and the issue they were to determine
Defamation Act 1974 (NSW), s 7A(3) LEGISLATION CITED: Supreme Court Act 1970 (NSW), ss 102, 108(3) Supreme Court Rules 1970 (NSW), Pt 51, r 23(1)(d)
Abraham v The Advocate Co Ltd [1946] 2 WWR 181 Australian Consolidated Press v Uren (1966) 117 CLR 185 Carson v John Fairfax & Sons Ltd (1993) 178 CLR 44 Fayn v Thompson Properties (Unreported, Supreme Court of New South Wales, Hunt J, 22 October 1991) Holford v The Melbourne Tramway & Omnibus Co Ltd [1909] VLR 497 John Fairfax Publications Pty Ltd v Rivkin (2003) 77 ALJR 1657 Jones v Dunkel (1959) 101 CLR 298 Jones v Skelton [1963] 1 WLR 1362 CASES CITED: Lewis v Daily Telegraph Ltd [1964] AC 234 Manning v Bernard Manning & Co Pty Ltd (1960) 101 CLR 345 Mirror Newspapers Ltd v Harrison (1982) 149 CLR 293 Ohlstein v E & T Lloyd [2006] NSWCA 226 R v Ball (1961) 61 SR (NSW) 37 R v Ngo [2003] NSWCCA 82 Readers Digest Services Pty Ltd v Lamb (1981) 150 CLR 500 Schulmann v Peters [1961] ALR 209 Singleton v Ffrench (1986) 5 NSWLR 425
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