BONIFACE v SMEC HOLDINGS LIMITED and Others [2006] NSWCA 351

New South Wales Court of Appeal

CITATION: BONIFACE v SMEC HOLDINGS LIMITED and Others [2006] NSWCA 351

HEARING DATE(S): 24 July 2006

JUDGMENT DATE: 8 December 2006

JUDGMENT OF: Beazley JA at 1; Hodgson JA at 9; Santow JA at 16

DECISION: Appeal dismissed with costs except for ninth matter (see orders at [67]

CATCHWORDS: TORT – Defamation – Whether jury verdict that appellant had published nine matters should be set aside as perverse in relation to a s7A trial – similarities and differences between emailed and other communications as going to whether there was a common author – principles applicable to setting aside a jury verdict – perverse verdict as to one out of the nine communications.

LEGISLATION CITED: Evidence Act 1995 ss95, 98 and 100 Supreme Court Rules Pt 34 r8(2)

Calin v Greater Union Organisation Pty Ltd (1991) 173 CLR 33 Hocking v Bell (1945) 71 CLR 430 John Fairfax Publications Pty Limited v Rivkin (2003) 201 ALR 77 CASES CITED: Jones v Dunkel (1959) 101 CLR 298 Naxakis v Western General Hospital & Anor (1998) 197 CLR 269 Payne v Parker [1976] 1 NSWLR 191 Seymour v ABC (1977) 19 NSWLR 219 Swain v Waverley Municipal Council (2005) 220 CLR 517

Glen BONIFACE (Appellant) SMEC HOLDINGS LIMITED (First Respondent) PARTIES: Peter BUSBRIDGE (Second Respondent) Ross HITT (Third Respondent) Geoff PERCIVAL (Fourth Respondent)

FILE NUMBER(S): CA 40256/05

COUNSEL: C A EVATT/ C J DIBB (Appellant) M J NEIL, QC/ D A CASPERSONN (Respondents)