PRESTON v HARBOUR PACIFIC UNDERWRITING MANAGEMENT PTY LTD & ORS [2004] NSWSC 520

PRESTON v HARBOUR PACIFIC UNDERWRITING MANAGEMENT PTY LTD & ORS [2004] NSWSC 520

Questions as to whether the matter complained of was published by the sixth defendant and whether it carries any imputation defamatory of the plaintiff should be tried by jury before all other questions. The issue of vicarious liability is for the judge, not for jury determination under s7A. Particulars provided by the plaintiff attempting to assert primary publication liability against McCabes, not supported by pleadings, are struck out.

Jurisdiction
Australia
Judgment Date
18 June 2004
Procedural Posture
Defamation / Interlocutory Application for Separate Trial of Certain Issues; Motion Under SCR Pt 31 R 2
Outcome
Interlocutory orders made; application granted in part
Legal Topics
['defamation' 'vicarious Liability' 'jury Determination of Defamatory Imputations' 's7 a Defamation Act Procedure']
['tort Law'] ['defamation' 'vicarious Liability' 'jury Determination of Defamatory Imputations' 's7 a Defamation Act Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Defamation / Interlocutory Application for Separate Trial of Certain Issues; Motion Under SCR Pt 31 R 2

Legal Issues

  1. 1 ['Whether the question of publication and defamatory imputation by the sixth defendant should be tried by jury separately from other issues' 'Whether vicarious liability of other defendants is a question for judge or jury' 'Whether particulars asserting direct publication by McCabes (second to fourth defendants) should be struck out']

Ratio Decidendi

Questions as to whether the matter complained of was published by the sixth defendant and whether it carries any imputation defamatory of the plaintiff should be tried by jury before all other questions. The issue of vicarious liability is for the judge, not for jury determination under s7A. Particulars provided by the plaintiff attempting to assert primary publication liability against McCabes, not supported by pleadings, are struck out.

Court Disposition

Interlocutory orders made; application granted in part

Orders

  • ['Pursuant to SCR Pt 31 r 2, questions as to whether the matter complained of was published by the sixth defendant and whether it carries any imputation defamatory of the plaintiff be tried by jury before and separately from any other question in the proceedings.' "The plaintiff is to pay the first, second, third...