NSW Caselaw
New South Wales Court of Appeal
CITATION: Trantum v McDowell [2007] NSWCA 138
HEARING DATE(S): 20 April 2007
JUDGMENT DATE: 15 June 2007
JUDGMENT OF: Beazley JA at 1; Tobias JA at 2; Bell J at 63
DECISION: (a) Leave to appeal granted upon condition that the claimant files his draft Notice of Appeal dated 19 July 2006 within seven days; (b) Appeal dismissed; (c) The claimant to pay the opponent's costs of the summons for leave to appeal and of the appeal
CATCHWORDS: DEFAMATION - Publication – Generally – Republication – Where defamatory matter signed by recipients who then republish jointly with original author
LEGISLATION CITED: Defamation Act 1974 Strata Schemes Management Act 1996
Davis v Resources for Human Development Inc 770 A.2d 353 (2001) Dow Jones & Co Inc v Gutrick (2002) 210 CLR 575; [2002] HCA 56 Harbison v Chicago R.I & P Ry Co 37 S.W 2d 609 (1931) CASES CITED: Kyle Sandilands v Channel Seven Sydney Pty Ltd [2005] NSWSC 1250 Marble v Chapin 132 Mass. 225 (1882) Ritz Hotel Ltd v Charles of the Ritz Ltd (1988) ALR 217 Webb v Bloch (1928) 41 CLR 431 Willcocks v Howell (1885) 8 OR 576
PARTIES: Warwick Trantum Darryl Wayne McDowell
FILE NUMBER(S): CA 40259/06
COUNSEL: Cl: S M L Littlemore QC / S T Chrysanthou Opp: K P Smark
SOLICITORS: Cl: Carroll and Associates, Sydney Opp: Larcombe Legal, Mona Vale
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 3706/03
LOWER COURT JUDICIAL OFFICER: Gibson DCJ
LOWER COURT DATE OF DECISION: 7 September 2004
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