FOREIGN MEDIA v KONSTANTINIDIS [2003] NSWCA 161

FOREIGN MEDIA v KONSTANTINIDIS [2003] NSWCA 161

The agreed English translation transcripts were admissible and relevant because the jury needed an intelligible English version of the Greek broadcasts to decide whether the pleaded imputations were conveyed; no application was made under ss 135 or 136 to exclude or limit their use. The different findings on the second imputation were not necessarily inconsistent because the longer morning broadcast contained omitted sensational and suggestive material from which a reasonable jury could find that the imputation was conveyed by that broadcast but not by the shorter evening broadcast.

Jurisdiction
Australia
Judgment Date
23 June 2003
Procedural Posture
Defamation Appeal Concerning a Foreign Language Radio Broadcast, Admissibility of English Translation Transcripts, and Alleged Inconsistent Jury Verdicts / Application for Leave to Appeal and Appeal From a Jury Verdict on Issues Under S 7 A(3) of the Defamation Act 1974; Leave Granted and Appeal Dismissed
Outcome
Leave to appeal granted; appeal dismissed with costs.
Legal Topics
['foreign Language Broadcast' 'admissibility of Transcript of English Translation' 'defamatory Imputations' 'transient Publication' 'inconsistent Verdicts' 'jury Directions']
['defamation' 'evidence' 'civil Procedure'] ['foreign Language Broadcast' 'admissibility of Transcript of English Translation' 'defamatory Imputations' 'transient Publication' 'inconsistent Verdicts' 'jury Directions']

Case Brief

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Procedural Posture

Defamation Appeal Concerning a Foreign Language Radio Broadcast, Admissibility of English Translation Transcripts, and Alleged Inconsistent Jury Verdicts / Application for Leave to Appeal and Appeal From a Jury Verdict on Issues Under S 7 A(3) of the Defamation Act 1974; Leave Granted and Appeal Dismissed

Legal Issues

  1. 1 ['Whether agreed transcripts of English translations of Greek language radio broadcasts were admissible in evidence and could be provided to the jury.' "Whether the jury's findings that an imputation was conveyed by the longer morning broadcast but not by the shorter evening broadcast were necessarily inconsistent."]

Ratio Decidendi

The agreed English translation transcripts were admissible and relevant because the jury needed an intelligible English version of the Greek broadcasts to decide whether the pleaded imputations were conveyed; no application was made under ss 135 or 136 to exclude or limit their use. The different findings on the second imputation were not necessarily inconsistent because the longer morning broadcast contained omitted sensational and suggestive material from which a reasonable jury could find that the imputation was conveyed by that broadcast but not by the shorter evening broadcast.

Court Disposition

Leave to appeal granted; appeal dismissed with costs.

Orders

  • ['Leave to appeal granted;' 'Direct that the notice of appeal be filed within 14 days;' 'Appeal dismissed with costs.']