NSW Caselaw
New South Wales Supreme Court
CITATION : Mundine v Brown (No 5) [2010] NSWSC 517
HEARING DATE(S) : 10 May - 1 June 2010
JUDGMENT DATE : 24 May 2010
JUDGMENT OF : Harrison J
DECISION : Question rejected.
CATCHWORDS : JURIES – defamation – issue of identification of plaintiff as a person referred to in the matter complained of – counsel's address to jury – use of evidence given by plaintiff of conversations with a series of people on the day of publication – where counsel addressed to suggest plaintiff identified by such evidence – whether submission available in light of earlier discussion concerning conduct of the trial – EVIDENCE – defamation - issue of identification of plaintiff as a person referred to in the matter complained of - admissibility of evidence of declarations made out of court for the purpose of identification – application for correcting address or direction to jury refused.
LEGISLATION CITED : Defamation Act 2005
CATEGORY : Procedural and other rulings
CASES CITED : Mirror Newspapers Ltd v Fitzpatrick [1984] 1 NSWLR 643
Lana Mundine (Plaintiff) PARTIES : Avery Brown (First Defendant) APN News and Media Limited (Second Defendant) Daily Examiner Pty Ltd (Third Defendant)
FILE NUMBER(S) : SC 2009/296431
T Molomby SC with R K M Rasmussen (Plaintiff) COUNSEL : P M Sibtain (First Defendant) A T S Dawson (Second and Third Defendants)
Slater & Gordon (Plaintiff) SOLICITORS : Holding Redlich (First Defendant) Banki Haddock Fiora (Second and Third Defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION DEFAMATION LIST
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