BLEYER v TCN CHANNEL NINE PTY LTD [1993] NSWCA 27

BLEYER v TCN CHANNEL NINE PTY LTD [1993] NSWCA 27

The trial judge's direction that the plaintiff's daughter's Down's Syndrome was irrelevant was a misdirection, as it was relevant to the assessment of motive and knowledge. Further, the summing up was unbalanced and partial, as the judge inadequately presented the appellant's case and heavily emphasised the respondents' case, leading to a miscarriage of justice that requires a new trial.

Parties
Appellant: Bleyer; Respondent: TCN Channel Nine Pty Ltd
Jurisdiction
Australia
Judgment Date
09 September 1993
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal allowed; new trial ordered
Legal Topics
Directions to Jury, Relevance of Evidence, Context of Evidence, Misdirections, Summing Up, Jury Directions, Public Interest Defence, Substantial Truth
Defamation Directions to Jury Relevance of Evidence Context of Evidence Misdirections Summing Up Jury Directions Public Interest Defence +1 more

Case Brief

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Parties

Bleyer

Appellant

TCN Channel Nine Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge misdirected the jury regarding the relevance of the appellant's daughter's Down's Syndrome to the truth of the imputations
  2. 2 Whether the judge's summing up was unfair and unbalanced, thereby causing a miscarriage of justice

Ratio Decidendi

The trial judge's direction that the plaintiff's daughter's Down's Syndrome was irrelevant was a misdirection, as it was relevant to the assessment of motive and knowledge. Further, the summing up was unbalanced and partial, as the judge inadequately presented the appellant's case and heavily emphasised the respondents' case, leading to a miscarriage of justice that requires a new trial.

Court Disposition

appeal allowed; new trial ordered

Orders

  • Appeal allowed
  • A new trial ordered on all issues