CINIVEST LIMITED & ANOR v YIRANDI PRODUCTIONS LIMITED & ANOR [1999] NSWSC 1089

The jury must determine not only whether the imputation is made and is defamatory, but also whether it refers to (identifies) the plaintiff, including when that identification is inferential.

Parties: First Plaintiff: Cinevest Limited; Second Plaintiff: Oscar Scherl; First Defendant: Yirandi Productions Limited; Second Defendant: Ted Egan
Jurisdiction: Australia
Judgment Date: 05 November 1999
Procedural Posture: Civil / Directions to Jury After Close of Evidence
Outcome: Direction given to jury: the identification of the person to whom the imputation refers is part of the jury's function in determining defamation under s 7A of the Act.
Legal Topics: Section 7 a Defamation Act 1974, Identification of Plaintiff, Role of Jury

Defamation Section 7 a Defamation Act 1974 Identification of Plaintiff Role of Jury

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Parties

Cinevest Limited

First Plaintiff

Oscar Scherl

Second Plaintiff

Yirandi Productions Limited

First Defendant

Ted Egan

Second Defendant

Procedural Posture

Civil / Directions to Jury After Close of Evidence

Legal Issues

1 Whether section 7A of the Defamation Act 1974 requires the jury to determine if the plaintiff was identified in the allegedly defamatory publication
2 Whether identification is a question for the jury under section 7A

Ratio Decidendi

The jury must determine not only whether the imputation is made and is defamatory, but also whether it refers to (identifies) the plaintiff, including when that identification is inferential.

Court Disposition

Direction given to jury: the identification of the person to whom the imputation refers is part of the jury's function in determining defamation under s 7A of the Act.