NSW Caselaw
New South Wales Supreme Court
CITATION : Peter John Hyer v Cabbie Pty Limited and Another [2007] NSWSC 795
HEARING DATE(S) : 10 April 2007 - 18 April 2007
JUDGMENT DATE : 27 July 2007
JUDGMENT OF : Barr J at 1
DECISION : Verdict and judgment for the plaintiff against the defendants in the sum of $107,500.00. Defendants to pay the plaintiff's costs, including the costs of the hearing before the jury, in an amount to be agreed or assessed. Grant liberty to the parties to restore the matter to the list on 7 days notice should material emerge which, in the opinion of any party, justifies a reconsideration of the costs order made.
CATCHWORDS : DEFAMATION - defences - justification - whether defamatory imputations true - DEFAMATION - defences - whether defamatory imputations published on occasions of qualified privilege - DEFAMATION - defences - whether defamatory imputations published on occasions of qualified privilege - whether publications malicious - DEFAMATION - damages - interest.
LEGISLATION CITED : Trade Practices Act 1974
Adam v Ward [1917] AC 309 Bashford v Information Australia [2004] HCA 5 CASES CITED : Roberts v Bass [2002] HCA 57 Toogood v Spyring (1834) 1 CM & R 182 Triggell v Pheeney (1951) 82 CLR 497
P: Peter John Hyer PARTIES : D1: Cabbie Pty Limited D2: Peer Lindholdt
FILE NUMBER(S) : SC 20455/2004
COUNSEL : P: T Blackburn SC and S Chrysanthou D1 & D2: T Molomby SC/ R Rasmussen
SOLICITORS : P: Dibbs Abbott Stillman D1 & D2: Not applicable
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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