Phelps v Nationwide News Pty Ltd & Anor [2003] NSWSC 1104

Phelps v Nationwide News Pty Ltd & Anor [2003] NSWSC 1104

Although some matters raised by plaintiff's counsel were irrelevant or potentially prejudicial, any potential prejudice to the defendants was slight and could be sufficiently addressed by directions to the jury; the reference to the Macquarie Dictionary should be ignored, and the "dumb barrel-girl" comment did not trespass into a prohibited imputation. The application to discharge the jury was therefore refused.

Jurisdiction
Australia
Judgment Date
25 November 2003
Procedural Posture
Defamation Proceedings / Defendants' Application to Discharge the Jury During Trial
Outcome
Application to discharge jury refused
Legal Topics
['application to Discharge Jury' 'potential Prejudice' 'jury Directions' 'truth or Falsity' 'dictionary Meanings' 'imputations']
['defamation' 'civil Procedure'] ['application to Discharge Jury' 'potential Prejudice' 'jury Directions' 'truth or Falsity' 'dictionary Meanings' 'imputations']

Case Brief

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Procedural Posture

Defamation Proceedings / Defendants' Application to Discharge the Jury During Trial

Legal Issues

  1. 1 ["Whether statements made by plaintiff's counsel in opening and closing addresses created actual or potential prejudice requiring discharge of the jury." 'Whether any potential prejudice could be sufficiently cured by directions to the jury.' 'Whether reference to the Macquarie Dictionary for the meaning of "trumped up" required discharge of the jury.' 'Whether counsel\'s reference to "dumb barrel-girl" trespassed into an area of a prohibited imputation.']

Ratio Decidendi

Although some matters raised by plaintiff's counsel were irrelevant or potentially prejudicial, any potential prejudice to the defendants was slight and could be sufficiently addressed by directions to the jury; the reference to the Macquarie Dictionary should be ignored, and the "dumb barrel-girl" comment did not trespass into a prohibited imputation. The application to discharge the jury was therefore refused.

Court Disposition

Application to discharge jury refused

Orders

  • ['Application to discharge the jury is refused.']