Triggell v Pheeney [1951] HCA 23

Triggell v Pheeney [1951] HCA 23

The verdict of the jury was restored because it was open to the jury to find the defendant's conduct as aggravating damages and the amount was not so excessive as to show failure of duty; the judge's direction regarding consideration of defendant's conduct at trial, interpreted properly, was not misdirection. However, McTiernan J dissented, finding the damages excessive and the direction improper.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
Appeal allowed (by majority); order of the Supreme Court set aside; verdict of the jury restored; motion for new trial dismissed with costs
Legal Topics
['libel' 'damages' 'privilege' 'aggravation of Damages' 'assessment of Damages' "jury's Role" 'malice']
['defamation' 'torts'] ['libel' 'damages' 'privilege' 'aggravation of Damages' 'assessment of Damages' "jury's Role" 'malice']

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Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 ["Whether the jury was properly directed on the assessment of damages in a libel action, particularly in relation to aggravation based on defendant's conduct at trial and malice; whether the damages awarded were excessive so as to justify setting aside the verdict"]

Ratio Decidendi

The verdict of the jury was restored because it was open to the jury to find the defendant's conduct as aggravating damages and the amount was not so excessive as to show failure of duty; the judge's direction regarding consideration of defendant's conduct at trial, interpreted properly, was not misdirection. However, McTiernan J dissented, finding the damages excessive and the direction improper.

Court Disposition

Appeal allowed (by majority); order of the Supreme Court set aside; verdict of the jury restored; motion for new trial dismissed with costs

Orders

  • ['Appeal allowed with costs' 'Order of the Supreme Court of New South Wales discharged' 'Verdict of jury restored' 'Motion to Supreme Court that the verdict be set aside and a new trial be had dismissed with costs']