Connolly v Sunday Times Publishing Co Limited and E W Finn [1908] HCA 69

Connolly v Sunday Times Publishing Co Limited and E W Finn [1908] HCA 69

The judge at trial was justified in inferring from the jury’s nominal award of one shilling damages that they had contempt for the plaintiff’s character and believed the libel substantially justified, affording 'good cause' for depriving the plaintiff of costs despite the successful verdict.

Parties
Appellant; Plaintiff: Patrick Andrew Connolly; Respondent; Defendant: 'Sunday Times' Publishing Co. Limited; Respondent; Defendant: E. W. Finn
Jurisdiction
Australia
Judgment Date
04 November 1908
Procedural Posture
Appeal From Supreme Court of Western Australia / Appeal Decision
Outcome
Appeal dismissed with costs.
Legal Topics
Costs, Libel, Jury Verdicts
Civil Procedure Defamation Costs Libel Jury Verdicts

Case Brief

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Parties

Patrick Andrew Connolly

Appellant; Plaintiff

'Sunday Times' Publishing Co. Limited

Respondent; Defendant

E. W. Finn

Respondent; Defendant

Procedural Posture

Appeal From Supreme Court of Western Australia / Appeal Decision

Legal Issues

  1. 1 Whether there was 'good cause' for depriving the successful plaintiff of costs in an action for defamation where the jury awarded nominal damages

Ratio Decidendi

The judge at trial was justified in inferring from the jury’s nominal award of one shilling damages that they had contempt for the plaintiff’s character and believed the libel substantially justified, affording 'good cause' for depriving the plaintiff of costs despite the successful verdict.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.