Marshall v Megna; Megna v Tory; Tory v Megna [2013] NSWCA 30

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Marshall v Megna; Megna v Tory; Tory v Megna [2013] NSWCA 30 Hearing dates: 31 May, 1 June 2012 Decision date: 25 February 2013 Before: Allsop P at [1]; Beazley JA at [36]; Hoeben JA at [398] Decision: 1. Appeal dismissed in part; 2. Cross-appeal allowed; 3. Set aside the orders of the trial judge made on 25 June 2010; 4. Set aside the orders of the trial judge made 18 February 2011; 5. Judgment for the plaintiff/cross-appellant (Mr Megna) against the defendants/cross-respondents (Mr Marshall and Mr Tory) in the sum of $300,000 together with interest to be calculated; 6. Judgment for the plaintiff/cross-appellant (Mr Lloyd) against the defendants/cross-respondents (Mr Marshall and Mr Tory) in the sum of $200,000 together with interest to be calculated; 7. Order that the appellants/cross-respondents/defendants (Mr Marshall and Mr Tory) pay the following costs of the respondents/cross-appellants/plaintiffs: (a) Of the proceedings in the court below including the costs of the s 7A jury trial; (b) Of the appeal and the cross-appeal; 8. The parties are to recalculate the interest payable on the judgment sums on the same basis specified in the reasons of the trial judge of 18 February 2011: Megna v Marshall (No 2) [2011] NSWSC 52, at the rate of 2 per cent from 1 January 2001 up to and including the date of her Honour's judgment of 25 June 2010. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: DEFAMATION - defence of qualified privilege - common law - occasion of qualified privilege.