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.
Judgment date
Case number
S353/2002
Before
Gleeson CJ, McHugh, Kirby, Callinan, Heydon JJ
Catchwords