Tingle & Anor v Harbour Radio P/L & Anor [No 1] [1999] NSWSC 404
Because it is impossible in the courtroom to recreate the circumstances in which an ordinary reasonable listener heard the broadcast, and because the jury must apply an objective test, counsel may play the tape again when addressing the jury despite it already having been played once.
- Jurisdiction
- Australia
- Judgment Date
- 27 April 1999
- Procedural Posture
- Defamation Action / Ruling on Whether a Tape of the Matter Complained of May Be Played More Than Once Before the Jury
- Outcome
- Counsel permitted to play the tape again when addressing the jury.
- Legal Topics
- ['radio Broadcast' 'matter Complained Of' 'jury' 'repeated Playing of Tape' 'ordinary Reasonable Listener']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Defamation Action / Ruling on Whether a Tape of the Matter Complained of May Be Played More Than Once Before the Jury
Legal Issues
- 1 ['Whether it was permissible for the plaintiff, or either party, to play the tape containing the matter complained of more than once.']
Ratio Decidendi
Because it is impossible in the courtroom to recreate the circumstances in which an ordinary reasonable listener heard the broadcast, and because the jury must apply an objective test, counsel may play the tape again when addressing the jury despite it already having been played once.
Court Disposition
Counsel permitted to play the tape again when addressing the jury.
Orders
- ['The tape has now been played once.' 'Counsel may, if they wish, play it again when addressing the jury on the issues which the jury must now determine.']
Full Case Text
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