PAVY v JOHN FAIRFAX PUBLICATIONS PTY LTD [2002] NSWCA 46

PAVY v JOHN FAIRFAX PUBLICATIONS PTY LTD [2002] NSWCA 46

Applying the test in Cairns v John Fairfax & Sons Ltd, the jury's finding that the imputation that the plaintiff directed physical violence towards his infant son thereby breaking six of his ribs was not defamatory was perverse, because on the way the case was run no benign context for that imputation was realistically available. The Court lacked jurisdiction to declare the words defamatory and therefore ordered a new trial, limited to the second imputation and associated issues not concerning the first imputation.

Jurisdiction
Australia
Judgment Date
05 March 2002
Procedural Posture
Defamation Proceedings / Appeal by Leave Against Entry of Judgment for the Defendant After a Jury Trial as to Imputations
Outcome
Appeal allowed; verdict for the defendant set aside; new trial ordered limited to imputation (b).
Legal Topics
['perverse Verdict' 'defamatory Imputations' 'new Trial' 'jury Verdict']
['defamation' 'civil Procedure' 'appellate Procedure'] ['perverse Verdict' 'defamatory Imputations' 'new Trial' 'jury Verdict']

Case Brief

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Procedural Posture

Defamation Proceedings / Appeal by Leave Against Entry of Judgment for the Defendant After a Jury Trial as to Imputations

Legal Issues

  1. 1 ["Whether the jury's answer that the imputation that the plaintiff had directed physical violence towards his infant son thereby breaking six of his ribs was not defamatory was perverse." 'Whether the Court of Appeal could declare the imputation defamatory or should instead order a new trial.' 'Whether any new trial should be limited to the second imputation.']

Ratio Decidendi

Applying the test in Cairns v John Fairfax & Sons Ltd, the jury's finding that the imputation that the plaintiff directed physical violence towards his infant son thereby breaking six of his ribs was not defamatory was perverse, because on the way the case was run no benign context for that imputation was realistically available. The Court lacked jurisdiction to declare the words defamatory and therefore ordered a new trial, limited to the second imputation and associated issues not concerning the first imputation.

Court Disposition

Appeal allowed; verdict for the defendant set aside; new trial ordered limited to imputation (b).

Orders

  • ['The appeal is allowed.' 'The verdict in favour of the defendant is set aside.' 'There is to be a new trial limited to imputation (b), together with such other issues as may arise on the pleadings other than matters with respect to imputation (a).' 'The plaintiff is to pay three-quarters of the costs of the trial...