Nationwide News P/L v Heggie [2001] NSWCA 257

Nationwide News P/L v Heggie [2001] NSWCA 257

The appeal failed because the appellant's counsel addressed the jury in a way that was erroneous and liable to confuse it about issues of truth, intention and endorsement, whereas the jury's role at the s.7A hearing was confined to whether the article carried the pleaded imputations and whether they were defamatory. There was therefore a ground to discharge the jury, and no error of law, fact or discretion was shown in the trial judge's decision that further directions could not undo the mischief.

Jurisdiction
Australia
Judgment Date
13 August 2001
Procedural Posture
Defamation / Appeal by Leave From an Order Discharging a Jury After a S.7 a Hearing
Outcome
Appeal dismissed with costs.
Legal Topics
['discharge of Jury' 's.7 a Jury Determination' 'defamatory Imputations' 'republication of Defamatory Statements' 'publisher Intention' 'truth or Falsity']
['defamation' 'civil Procedure'] ['discharge of Jury' 's.7 a Jury Determination' 'defamatory Imputations' 'republication of Defamatory Statements' 'publisher Intention' 'truth or Falsity']

Case Brief

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Procedural Posture

Defamation / Appeal by Leave From an Order Discharging a Jury After a S.7 a Hearing

Legal Issues

  1. 1 ["Whether counsel's address to the jury entitled the trial judge to discharge the jury." 'Whether the trial judge erred in exercising discretion to discharge the jury.' "Whether, at a s.7A hearing, the jury should consider truth or falsity of the allegations or the publisher's intention to convey the imputations."]

Ratio Decidendi

The appeal failed because the appellant's counsel addressed the jury in a way that was erroneous and liable to confuse it about issues of truth, intention and endorsement, whereas the jury's role at the s.7A hearing was confined to whether the article carried the pleaded imputations and whether they were defamatory. There was therefore a ground to discharge the jury, and no error of law, fact or discretion was shown in the trial judge's decision that further directions could not undo the mischief.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']