NSW Caselaw
New South Wales Court of Appeal
CITATION: MAXWELL-SMITH v WARREN & ANOR [2007] NSWCA 270
HEARING DATE(S): 2 July 2007
JUDGMENT DATE: 3 October 2007
JUDGMENT OF: Mason P at 1; Hodgson JA at 2; Basten JA at 3
(1) Allow the appeal and set aside the judgments of 1 December 2004 and 30 June 2006 and the orders numbered 1-3 made on 25 August 2006 in the District Court.
(2) Direct that the matter be remitted to the District Court for a new trial.
DECISION: (3) Direct that the costs of the first trial in the District Court abide the outcome of the new trial.
(4) Order the Respondents to pay the Appellants' costs of the proceedings in this Court.
(5) Grant the Respondents a certificate under the Suitors Fund Act 1951 (NSW) in respect of the costs of the appeal.
DAMAGES – whether assessment of damages excessive – whether damages assessed with respect to plaintiffs on individual basis or jointly CATCHWORDS: DEFAMATION – publication about firm of solicitors by former clients – identification evidence – pleadings and particulars alleged defamation of partners individually not jointly – whether defamatory imputations conveyed with respect to the firm or the firms partner's individually
LEGISLATION CITED: Defamation Act 1974 (NSW), ss 7A, 9, 13, 15, Part 3, Div 7
McCormick v John Fairfax & Sons Ltd (1989) 16 NSWLR 485 CASES CITED: New South Wales Aboriginal Land Council v Jones (1998) 43 NSWLR 300 South Hetton Coal Company v North Eastern News Association [1894] 1 QB 133
Eugene MAXWELL-SMITH – First Appellant PARTIES: Inge MAXWELL-SMITH – Second Appellant Andrew Stuart WARREN – First Respondent Hugo Patrick WHITE – Second Respondent
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