NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court - 1 August 2008
New South Wales Court of Appeal
CITATION: Universal Communication Network Inc trading as New Tang Dynasty v Chinese Media Group (Aust) Pty Ltd and Chan [2008] NSWCA 1
HEARING DATE(S): 9 August 2007
JUDGMENT DATE: 4 February 2008
JUDGMENT OF: Mason P at 1; McColl JA at 2; Young CJ in Eq at 71
DECISION: 1.Appeal allowed. 2.Set aside the judgment entered in favour of the respondents by Studdert J on 5 April 2006. 3. Order that there be a new trial on all issues as between the appellant and the respondents. 4. Respondents to pay the costs of the appeal. 5. Costs of the first trial as between the appellant and the respondents to be at the discretion of the judge who hears the second trial.
CATCHWORDS: DEFAMATION - s 7A trial - corporate plaintiff not identified by corporate name in matter complained of only by business name - no evidence matter complained of published to anyone who knew its corporate name - jury directed to answer question whether plaintiff had established identification in the negative - HELD - primary judge erred - there was evidence arguably establishing the plaintiff's identity upon which the jury could reasonably find in its favour.
Defamation Act 1974 LEGISLATION CITED: Supreme Court Act 1970 Uniform Civil Procedure Rules 2005
CATEGORY: Principal judgment
Bennette v Cohen [2005] NSWCA 341; (2005) 64 NSWLR 81 Brown v Petranker (1991) 22 NSWLR 717 Channel Seven Sydney Pty Limited v Parras [2002] NSWCA 202 Cinevest Ltd v Yirandi Productions Ltd [2001] NSWCA 68; (2001) Aust Torts Reports 81-610 Consolidated Trust Co Limited v Browne (1948) 49 SR (NSW) 86 Cross v Denley (1952) 52 SR (NSW) 112 David Syme & Co v Canavan [1918] HCA 50; (1918) 25 CLR 234 CASES CITED: E Hulton & Co v Jones [1910] AC 20 Gardener v Nationwide News Pty Limited [2007] NSWCA 10 John Fairfax Publications Pty Ltd v Gacic [2007] HCA 28; (2007) 81 ALJR 1218 Kruse v Lindner (1978) 45 FLR 412 Morgan v Odhams Press Ltd [1971] 1 WLR 1239 Naxakis v Western General Hospital [1999] HCA 22; (1999) 197 CLR 269 Steele v Mirror Newspapers Ltd [1974] 2 NSWLR 348 Tory v Megna [2007] NSWCA 13
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