Murphy v Nationwide News [2000] NSWSC 1251

Murphy v Nationwide News [2000] NSWSC 1251

The jury found that both alleged imputations were conveyed by the article to the ordinary reasonable reader and that both imputations were defamatory. This conclusion was reached unanimously following the court's directions and after considering arguments from both parties.

Parties
Plaintiff: Christopher Murphy; Defendant: Nationwide News Pty Limited
Jurisdiction
Australia
Judgment Date
17 February 2000
Procedural Posture
Defamation / Jury Verdict, Summing Up, Directions and Answering of Special Questions
Outcome
Jury verdict for the plaintiff on all questions. Costs reserved.
Legal Topics
Imputation, Standard of Proof, Jury Questions, Meaning of Defamatory, Role of Ordinary Reasonable Reader

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher Murphy

Plaintiff

Nationwide News Pty Limited

Defendant

Procedural Posture

Defamation / Jury Verdict, Summing Up, Directions and Answering of Special Questions

  1. 1 Whether the article published by the defendant conveyed certain defamatory imputations about the plaintiff to the ordinary reasonable reader
  2. 2 Whether such imputations, if conveyed, were defamatory of the plaintiff

Ratio Decidendi

The jury found that both alleged imputations were conveyed by the article to the ordinary reasonable reader and that both imputations were defamatory. This conclusion was reached unanimously following the court's directions and after considering arguments from both parties.

Court Disposition

Jury verdict for the plaintiff on all questions. Costs reserved.

Orders

  • The matter to be placed in the defamation list on 3 March 2000.
  • Costs of the separate trial reserved.