Mamdouh HABIB v NATIONWIDE NEWS [2006] NSWCA 14

Mamdouh HABIB v NATIONWIDE NEWS [2006] NSWCA 14

On the proper construction of sch 4 cl 2 of the Defamation Act 2005, the existing law of defamation, including both substantive and procedural provisions of the Defamation Act 1974, continues to apply to causes of action accruing before commencement of the 2005 Act. Accordingly, the s7A procedure remained applicable to publications before 1 January 2006 and the Defendant was not entitled to set aside the listing.

Jurisdiction
Australia
Judgment Date
03 February 2006
Procedural Posture
Defamation / Notice of Motion Seeking to Set Aside the Listing of the Matter for Hearing Pursuant to S7 a of the Defamation Act 1974; Referred to the Court of Appeal for Decision
Outcome
Notice of Motion dismissed with costs.
Legal Topics
['transitional Provisions' 'retrospectivity' 'defamation Jury Procedure' 'interpretation of "the Determination of Civil Liability"']
['practice and Procedure' 'defamation'] ['transitional Provisions' 'retrospectivity' 'defamation Jury Procedure' 'interpretation of "the Determination of Civil Liability"']

Case Brief

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Procedural Posture

Defamation / Notice of Motion Seeking to Set Aside the Listing of the Matter for Hearing Pursuant to S7 a of the Defamation Act 1974; Referred to the Court of Appeal for Decision

Legal Issues

  1. 1 ['Whether the procedure in s7A of the Defamation Act 1974 continued to apply to proceedings arising from publication of defamatory matter before commencement of the Defamation Act 2005.' 'Whether ss 21 and 22 of the Defamation Act 2005 replaced the s7A procedure for pre-commencement causes of action.' 'Whether the expression "the determination of civil liability" in cl 2 of sch 4 to the Defamation Act 2005 encompasses both substance and procedure.']

Ratio Decidendi

On the proper construction of sch 4 cl 2 of the Defamation Act 2005, the existing law of defamation, including both substantive and procedural provisions of the Defamation Act 1974, continues to apply to causes of action accruing before commencement of the 2005 Act. Accordingly, the s7A procedure remained applicable to publications before 1 January 2006 and the Defendant was not entitled to set aside the listing.

Court Disposition

Notice of Motion dismissed with costs.

Orders

  • ['The Notice of Motion is dismissed with costs.']