John Fairfax Publications Pty Ltd v Gacic

Defamation – Statutes - Interpretation of Supreme Court Act 1970 (NSW) ("Supreme Court Act") - Section 108(3) - Defamation action - Appeal challenging findings of a jury made under s 7A(3) of the Defamation Act 1974 (NSW) ("Defamation Act") on specific issues put to the jury - Powers of an appeal court to direct a verdict for the plaintiff on such issues in the event of a successful appeal.

Statutes – Interpretation - "May" - Appeal challenging findings of a jury on specific issues in defamation proceedings - Whether Supreme Court Act, s 108(3) confers a power, with a duty to exercise that power once the relevant entitlement to a verdict on any issue in the proceedings is established as a matter of law.

Statutes – Interpretation - Supreme Court Act, s 108(3) - Defamation Act, s 7A - Defamation action - Jury found that there were imputations conveyed but that those imputations were not defamatory - Role of the jury in defamation proceedings - Whether the Court of Appeal must order a new trial where it holds that a jury's answers to issues put to the jury in defamation proceedings are unreasonable.

Defamation – Business defamation - Nature of the test for defamation where a plaintiff alleges damage to business reputation - Procedure in jury trials in New South Wales - Application of Defamation Act, s 108(3).

Words and phrases – "any cause of action, issue or claim for relief", "may", "direct a verdict and give judgment accordingly", "as a matter of law", "entitled to a verdict", "business defamation".

Supreme Court Act 1970 (NSW) – ss 75A, 85, 86, 90, 102, 107, 108.

Defamation Act 1974 (NSW) – ss 7A, 9, 46, 46A.