John Fairfax Publications Pty Ltd v Rivkin

[2003] HCA 50
Judgment date
Case number
S353/2002
Before
Gleeson CJ, McHugh, Kirby, Callinan, Heydon JJ
Catchwords

Defamation – Appeal - Where jury found that matter did not convey any of the imputations pleaded - Whether jury's findings on particular imputations were ones which no reasonable jury properly instructed could reach - Scope of new trial where some only of the jury's findings were unreasonable.

Practice and procedure – Order of addresses - Where plaintiff addressed jury first and defendant followed - Where trial judge refused plaintiff leave to address in reply - Whether trial judge erred in exercise of discretion - Whether order of addresses governed by rules of court or inherent jurisdiction of court.

Appeal – Defamation - Whether jury's findings on alleged imputations were ones which no reasonable jury properly instructed could reach - Relevance of brevity of jury's retirement and universally unfavourable answers to alleged imputations.

Defamation Act 1974 (NSW) – s 7A.

Supreme Court Act 1970 (NSW) – s 102.

Files
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