NSW Caselaw
Reported Decision: 70 NSWLR 395 Appeal Outcome: Special leave granted by the High Court - 13 June 2008Appeal allowed 29 April 2009 [2009] HCA 19
New South Wales Court of Appeal
CITATION: KERAMIANAKIS & ANOR v REGIONAL PUBLISHERS PTY LTD [2007] NSWCA 375 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 12 September 2007
JUDGMENT DATE: 21 December 2007
JUDGMENT OF: Beazley JA at 1; Basten JA at 2; Rothman J at 106
(1) Appeal dismissed.
DECISION: (2) No order is made as to costs.
(3) If a different order is sought in relation to the costs of the appeal, the parties are directed to file written submissions within 14 days.
DEFAMATION – whether answers of jury perverse or unreasonable – whether error in directions of trial judge to jury – identification – ordinary reasonable reader – adoption or endorsement of defamatory allegation by publisher. CATCHWORDS: - JURISDICTION – right of appeal from civil jury trial in District Court – application for new trial – District Court Act 1973, ss 126 and 127 – Supreme Court Act 1970, s 75A, Part 7. - PROCEDURAL FAIRNESS – refusal to permit right of reply – discretion of trial judge – Uniform Civil Procedure Rules 2005, r 29.6. - WORDS & PHRASES – "Judge's judgment or order" – "decision of a Judge" – District Court Act 1973, s 127.
Civil Procedure Act 2005 (NSW), s 90 Courts Legislation Further Amendment Act 1995 (NSW), s 183A Courts Legislation Amendment Act 1996 (NSW), Schedule 1.3 [3] Courts Legislation Amendment Act 2006 (NSW), Schedule 4 [3] Defamation Act 1974 (NSW), s 7A District Courts Act 1912 (NSW), ss 98, 142 LEGISLATION CITED: District Court Act 1973 (NSW), ss 4, 81, 126, 127, 128 District Court (Amendment) Act 1975 (NSW), ss 3, 4 Federal Court Act 1976, s 23 Interpretation Act 1987 (NSW), s 30 Supreme Court Act 1970 (NSW), ss 19, 48, 75A, 101, 102, 105, 106, 107, 108 Supreme Court Rules 1970 (NSW), Part 51 r 23 Uniform Civil Procedure Rules 2005 (NSW), r 29.6, r 36.4, r 36.11
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