Trantum v McDowell [2007] NSWCA 138

Trantum v McDowell [2007] NSWCA 138

There were two publications: initial publication of the defamatory letter by the claimant to the signatories, and republication by all signatories (including the claimant) to the Executive Committee. The fact the signatories became joint tortfeasors was irrelevant to initial publication. The primary judge was entitled to infer the claimant authored the letter, showed it to, and obtained signatures from other unit owners, constituting publication to each before further republication. The measure of damages was not excessive once the extent of publication and aggravating features were established.

Jurisdiction
Australia
Judgment Date
15 June 2007
Procedural Posture
Civil Appeal / Leave to Appeal Decision; Appellate Judgment
Outcome
Appeal dismissed after leave granted; costs to opponent.
Legal Topics
['publication' 'republication' 'damages' 'strata Scheme Dispute' 'defamatory Imputation']
['defamation'] ['publication' 'republication' 'damages' 'strata Scheme Dispute' 'defamatory Imputation']

Case Brief

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Procedural Posture

Civil Appeal / Leave to Appeal Decision; Appellate Judgment

Legal Issues

  1. 1 ['Whether the claimant published the defamatory material to 16 persons including the signatories' 'Whether publication to signatories who then join in republication constitutes publication to third parties' 'Whether the damages awarded were excessive']

Ratio Decidendi

There were two publications: initial publication of the defamatory letter by the claimant to the signatories, and republication by all signatories (including the claimant) to the Executive Committee. The fact the signatories became joint tortfeasors was irrelevant to initial publication. The primary judge was entitled to infer the claimant authored the letter, showed it to, and obtained signatures from other unit owners, constituting publication to each before further republication. The measure of damages was not excessive once the extent of publication and aggravating features were established.

Court Disposition

Appeal dismissed after leave granted; costs to opponent.

Orders

  • ['Leave to appeal granted upon condition that the claimant files his draft Notice of Appeal dated 19 July 2006 within seven days' 'Appeal dismissed' "The claimant to pay the opponent's costs of the summons for leave to appeal and of the appeal"]