MALAN v SILVAS [1992] NSWCA 143

MALAN v SILVAS [1992] NSWCA 143

Refusal to admit evidence of bad reputation was justified due to defendant's failure to give requisite notice; procedural fairness did not oblige the judge to inform defendant of rights to adjourn/amend; dispensing with jury under statutory power was not erroneous; evidence of other misconduct or reputation was inadmissible without particulars.

Parties
Defendant/appellant: MALAN; Plaintiff/respondent: SILVAS
Jurisdiction
Australia
Judgment Date
03 July 1992
Procedural Posture
Civil Appeal / Appeal From District Court Judgment
Outcome
appeal dismissed
Legal Topics
Dispensing With Jury, Procedural Fairness, Mitigation of Damages, Pleadings, Aggravated Damages
Defamation Dispensing With Jury Procedural Fairness Mitigation of Damages Pleadings Aggravated Damages

Case Brief

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Parties

MALAN

Defendant/appellant

SILVAS

Plaintiff/respondent

Procedural Posture

Civil Appeal / Appeal From District Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in refusing defendant's evidence of bad reputation without notice.
  2. 2 Whether procedural fairness required the judge to inform the self-represented defendant of his right to seek adjournment to amend pleadings.
  3. 3 Whether dispensing with jury was an error.

Ratio Decidendi

Refusal to admit evidence of bad reputation was justified due to defendant's failure to give requisite notice; procedural fairness did not oblige the judge to inform defendant of rights to adjourn/amend; dispensing with jury under statutory power was not erroneous; evidence of other misconduct or reputation was inadmissible without particulars.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.