NSW Caselaw
New South Wales Court of Appeal
CITATION: GIBSON v NATIONWIDE NEWS PTY LIMITED [2007] NSWCA 284
HEARING DATE(S): 3 September 2007
JUDGMENT DATE: 17 October 2007
JUDGMENT OF: Giles JA at 1; McClellan CJ at CL at 2; Handley AJA at 32
DECISION: Appeal dismissed
CATCHWORDS: DEFAMATION – Challenge to 7A trial jury verdict – member of NSW Legislative Assembly – alleged defamatory material published in newspaper articles – editorial and cartoon – whether failure to give adequate directions to jury at the 7A trial – directions on the meaning of "rort" – whether answers returned by jury were not open to a reasonable jury
LEGISLATION CITED: Defamation Act 1974
Australian Broadcasting Corporation v Reading [2004] NSWCA 411 Harvey v John Fairfax Publications Pty Ltd [2005] NSWCA 255 CASES CITED: John Fairfax Publications Pty Ltd v Rivkin [2003] HCA 50; [2003] 77 ALJR 1657 Mohommed v Channel 7 Sydney Pty Ltd [2006] NSWCA 213 Singleton v Ffrench (1986) 5 NSWLR 425
PARTIES: Paul Gibson (Appl) Nationwide News (Resp)
FILE NUMBER(S): CA 40679/2006
COUNSEL: M J Neil QC/D A Caspersonn (Appl) T D Blackburn SC/J O Hmelnitsky (Resp)
SOLICITORS: Johnson Winter & Slattery (Appl) Blake Dawson Waldron (Resp)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 20406/05
LOWER COURT JUDICIAL OFFICER: Nicholas J
LOWER COURT DATE OF DECISION: 27 September 2006
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40679/06 SC 20406/05
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