Cross v Queensland Newspapers Pty Ltd [2008] NSWCA 80

Appeal Outcome: Special leave refused with costs by the High Court – 30 September 2008 (S230/2008)

New South Wales Court of Appeal

CITATION: Cross v Queensland Newspapers Pty Ltd [2008] NSWCA 80

HEARING DATE(S): 12 and 13 November 2007

JUDGMENT DATE: 7 May 2008

JUDGMENT OF: Mason P at 1; Beazley JA at 2; Basten JA at 213

1. Grant an extension of time within which to file a notice of appeal with appointment up to and including 9 March 2007 2. Allow the appeal and set aside the judgment and orders in favour of the defendant delivered on 6 December 2006 DECISION: 3. Remit the matter to the Common Law Division for consideration of the defences other than that of truth 4. If an order as to costs was made in the Common Law Division with respect to the judgment delivered on 6 December 2006, set aside the order and direct that those costs be dealt with by the Court on remittal 5. Order that the respondent pay the appellant's costs of the appeal and, if otherwise eligible, have a certificate under the Suitors' Fund Act 1951 (NSW).

CATCHWORDS: DEFAMATION – defence of truth – substantial truth – truth of every material part of the imputation - DEFAMATION – defence of contextual truth – no findings made by trial judge – should Court of Appeal determine defence where matters of fact and evaluation involved - JUDGMENTS – adequacy of reasons - expert evidence

Defamation Act 1974, ss 7A, 15(2), 16 LEGISLATION CITED: Defamation Act 1889 (Qld), s15 Property Agents and Motor Dealers Act 2000 (Qld)

CATEGORY: Principal judgment

Cohen v Mirror Newspapers Ltd [1971] 1 NSWLR 623 CSR Ltd v Della Maddalena [2006] HCA 1; (2006] 224 ALR 1 Flannery v Halifax Estate Agencies Ltd [2000] 1 WLR 377 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Herald & Weekly Times Ltd v Popovic [2003] VSCA 161; (2003) 9 VR 1 Howden v Truth and Sportsman Ltd [1937] HCA 74; (1937) 58 CLR 416 Howden v Truth and Sportsman Ltd (No 2) (1938) 38 SR (NSW) 287 John Fairfax Publications Pty Limited v Blake; David Syme & Co v Blake [2001] NSWCA 434; (2001) 53 NSWLR 541 CASES CITED: John Fairfax Publications Pty Ltd v Zunter [2006] NSWCA 227 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Maisel v Financial Times Ltd (1915) 84 LJKB 2145; (1915) 112 LT 953; (1915) 31 TLR 192 Moylan v Nutrasweet Company [2000] NSWCA 337 Pateman v Higgin [1957] HCA 62; (1957) 97 CLR 521 Spencer v The Commonwealth [1907] HCA 82; (1907) 5 CLR 418 The Waterways Authority v Fitzgibbon; Mosman Municipal Council v Fitzgibbon; Middle Harbour Yacht Club v Fitzgibbon [2005] HCA 57; (2005) 221 ALR 402 Whelan v John Fairfax [2002] NSWCA 1028; (2002) 56 NSWLR 89 Wiki v Atlantis Relocations (NSW) Pty Limited [2004] NSWCA 174