Richard Martin TORY v Michael MEGNA [2007] NSWCA 13

New South Wales Court of Appeal

CITATION: Richard Martin TORY v Michael MEGNA [2007] NSWCA 13 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 25 October 2006

JUDGMENT DATE: 19 February 2007

JUDGMENT OF: Spigelman CJ at 1; Beazley JA at 98; Bryson JA at 99

DECISION: Appeal dismissed with costs.

CATCHWORDS: APPEAL AND NEW TRIAL – General grounds – Miscarriage of Justice – Circumstances not involving substantial wrong or miscarriage – Test of "substantial miscarriage of justice" under Supreme Court Rules Pt 51, r23 - APPEAL AND NEW TRIAL – Particular grounds – Misdirection or nondirection – Misconduct of counsel - DEFAMATION – Statements amounting to defamation – Whether self-published community circulars were of a character that encouraged a reader to take them seriously

Civil Procedure Act 2005, s56 LEGISLATION CITED: Defamation Act 1974, s7A Supreme Court Rules, Pt51 r23

Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation (Cth) [1983] 1 NSWLR 1 Balenzuela v DeGail (1959) 101 CLR 226 Bennette v Cohen (2005) 64 NSWLR 81 CASES CITED: Brown v Churchill (2006) 31 WAR 246 Freeman v G J Coles & Co Ltd [1967] 1 NSWR 297 General Motors-Holden's Pty Ltd v Moularas (1964) 111 CLR 234 Mundey v Askin [1982] 2 NSWLR 369 Weiss v The Queen (2005) 224 CLR 300

PARTIES: Richard Martin Tory; David John Marshall (Appellant) Michael Megna; Russell James Lloyd (Respondent)

FILE NUMBER(S): CA 40003/06

R McHugh SC; A Dawson (Appellant) COUNSEL: T Molomby SC; R Rasmussen (Respondent)