Cross v Queensland Newspapers Pty Ltd (No 2) [2008] NSWCA 120

New South Wales Court of Appeal

CITATION: Cross v Queensland Newspapers Pty Ltd (No 2) [2008] NSWCA 120

HEARING DATE(S): On the papers

JUDGMENT DATE: 30 May 2008

JUDGMENT OF: Mason P; Beazley JA; Basten JA

The orders on the appeal are: 1. Grant an extension of time within which to file a Notice of Appeal with Appointment up to and including 9 March 2007; 2. Set aside Orders 2, 3 and 4 made by this Court on 7 May 2008; 3. Appeal allowed; 4. Set aside Orders 1 and 2 made by the trial judge on 6 December 2006; 5. Judgment for the respondent (defendant) in respect of the appellant's (plaintiff's) claim for defamation arising from the respondent's publication dated 1 July 2003; DECISION: 6. Remit the appellant's claim for defamation arising from the respondent's publication dated 20 June 2003 to the Common Law Division for the determination of the respondent's defences, other than that of truth, and for the determination of damages, if any; 7. Order that the costs of the first trial, including the costs of the claim arising from the respondent's publication dated 1 July 2003 be determined by the trial judge at the remitted hearing; 8. Order that the respondent pay the appellant's costs of the appeal and, if otherwise eligible, have a certificate under the Suitor's Fund Act 1951. The Court makes the following orders on the Notice of Motion filed 18 May 2008: 1. The Notice of Motion is allowed in part and dismissed in part; 2. Orders 2 and 3 as sought in the Notice of Motion are made as amended in the Orders made above; 3. Orders 4 and 5 sought in the Notice of Motion are refused; 4. The respondent is to pay the appellant's costs of the Notice of Motion.