GRIFFITH & ORS v AUSTRALIAN BROADCASTING CORPORATION & ANOR [2003] NSWSC 485

GRIFFITH & ORS v AUSTRALIAN BROADCASTING CORPORATION & ANOR [2003] NSWSC 485

In the interests of achieving balance in jury proceedings, and given the legitimate subject matter (context as it relates to 'defamatory'), the trial judge's discretion should be exercised in favour of permitting a short, focused right of reply for plaintiffs' counsel, provided it does not repeat earlier submissions.

Jurisdiction
Australia
Judgment Date
30 May 2003
Procedural Posture
Defamation / Interlocutory (counsel's Right of Reply Application During Jury Address)
Outcome
Application for right of reply allowed.
Legal Topics
["counsel's Right of Reply" 'context in Jury Addresses' "plaintiff's Discretion to Reply"]
['defamation'] ["counsel's Right of Reply" 'context in Jury Addresses' "plaintiff's Discretion to Reply"]

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Procedural Posture

Defamation / Interlocutory (counsel's Right of Reply Application During Jury Address)

Legal Issues

  1. 1 ["Whether plaintiffs' counsel should be permitted a right of reply following defendants' counsel's address to the jury" "The legitimate scope of a reply focusing on 'context' as it relates to the meaning and defamatory nature of statements"]

Ratio Decidendi

In the interests of achieving balance in jury proceedings, and given the legitimate subject matter (context as it relates to 'defamatory'), the trial judge's discretion should be exercised in favour of permitting a short, focused right of reply for plaintiffs' counsel, provided it does not repeat earlier submissions.

Court Disposition

Application for right of reply allowed.

Orders

  • ["Plaintiffs' counsel permitted a short reply addressing 'context' as it relates to 'defamatory' and 'meaning', limited in scope as set out in the judgment."]