David Syme and Co v Canavan [1918] HCA 50

David Syme and Co v Canavan [1918] HCA 50

The jury could reasonably find that the words complained of did not necessarily refer to the plaintiff, as the class described could be seen as limited to about 100 men among a larger possible membership. Therefore the verdict for the defendants should stand.

Parties
Appellant: David Syme & Co.; Appellant: Thomas Prosser; Respondent: James Richard Canavan
Jurisdiction
Australia
Judgment Date
13 September 1918
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
Appeal allowed. Judgment and verdict for the defendants restored.
Legal Topics
Libel, Reference to Plaintiff in Class Statements, Jury Findings
Defamation Libel Reference to Plaintiff in Class Statements Jury Findings

Case Brief

Summary, issues, holding and outcome

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Parties

David Syme & Co.

Appellant

Thomas Prosser

Appellant

James Richard Canavan

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether words published about a class of persons are capable of referring to the plaintiff
  2. 2 Whether the alleged defamatory statement was reasonably capable of being interpreted as referring to the plaintiff

Ratio Decidendi

The jury could reasonably find that the words complained of did not necessarily refer to the plaintiff, as the class described could be seen as limited to about 100 men among a larger possible membership. Therefore the verdict for the defendants should stand.

Court Disposition

Appeal allowed. Judgment and verdict for the defendants restored.

Orders

  • Order of the Judge of the County Court discharged with costs.
  • Verdict and judgment for the defendants restored.