NATIONWIDE NEWS PTY LTD v AITKEN [NO 2] [2004] NSWCA 407

NATIONWIDE NEWS PTY LTD v AITKEN [NO 2] [2004] NSWCA 407

Because both counsel agreed that the transcript quotation in the earlier reasons was inaccurate, and the correction did not affect the result of the leave application, the Court amended the earlier reasons to correct the transcript quotation and related references while leaving the refusal of the application undisturbed.

Jurisdiction
Australia
Judgment Date
15 November 2004
Procedural Posture
Application for Leave to Appeal in Defamation Proceedings / Court of Appeal Judgment Concerning Correction of Reasons After Refusal of Leave to Appeal
Outcome
Application refused with costs.
Legal Topics
['application for Leave to Appeal' 'jury Decision' 'discharge of Jury' 'correction of Transcript in Reasons for Judgment' 'separate Trial Under S7 a of the Defamation Act 1974']
['defamation' 'civil Procedure' 'appellate Procedure'] ['application for Leave to Appeal' 'jury Decision' 'discharge of Jury' 'correction of Transcript in Reasons for Judgment' 'separate Trial Under S7 a of the Defamation Act 1974']

Case Brief

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Procedural Posture

Application for Leave to Appeal in Defamation Proceedings / Court of Appeal Judgment Concerning Correction of Reasons After Refusal of Leave to Appeal

Legal Issues

  1. 1 ["Whether the transcript quotation and related passages in the Court's earlier reasons should be amended to reflect what counsel said at trial." 'Whether the agreed correction had any bearing on the result of the application for leave to appeal.']

Ratio Decidendi

Because both counsel agreed that the transcript quotation in the earlier reasons was inaccurate, and the correction did not affect the result of the leave application, the Court amended the earlier reasons to correct the transcript quotation and related references while leaving the refusal of the application undisturbed.

Court Disposition

Application refused with costs.

Orders

  • ['The reasons for judgment handed down on 23 September 2004 be amended by deleting from para 13: "BLACKBURN: Could I ask the foreperson whether that was the verdict of them all?" and substituting: "BLACKBURN: Could I ask your Honour to ask the foreperson whether that was the verdict of them all?"' 'The reasons for...