PAVY v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWCA 177

PAVY v JOHN FAIRFAX PUBLICATIONS PTY LTD [2004] NSWCA 177

The jury's finding that the amended imputation was not defamatory was not unreasonable because the amended wording did not necessarily convey that the appellant intended to break his baby son's ribs and left open an innocent or accidental understanding. Although counsel's references to the claim as a 'try-on' and to matters the jury might think about the truth of parts of the article should not have been made, the refusal to discharge the jury was a discretionary decision and no error in that discretion was shown. Any complaint that the trial Judge's directions insufficiently addressed counsel's remarks was not available because no objection was taken to the summing up at trial and no...

Jurisdiction
Australia
Judgment Date
11 June 2004
Procedural Posture
Defamation Appeal / Appeal From Supreme Court Jury Findings Under S7 A(3) of the Defamation Act 1974 and Refusal to Discharge the Jury
Outcome
Appeal dismissed with costs.
Legal Topics
['defamatory Imputations' 'jury Findings' 'discharge of Jury' 'counsel Addresses' 'trial Judge Discretion' 'summing Up Directions']
['defamation' 'civil Procedure' 'appellate Review'] ['defamatory Imputations' 'jury Findings' 'discharge of Jury' 'counsel Addresses' 'trial Judge Discretion' 'summing Up Directions']

Case Brief

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Procedural Posture

Defamation Appeal / Appeal From Supreme Court Jury Findings Under S7 A(3) of the Defamation Act 1974 and Refusal to Discharge the Jury

Legal Issues

  1. 1 ["Whether the jury's finding that the pleaded imputation was not defamatory was perverse or one that no reasonable jury could reach." "Whether the trial Judge erred in declining to discharge the jury at the conclusion of counsel for the defendant's address." 'Whether alleged insufficiency in directions could assist the appellant where no objection was taken to the summing up at trial.']

Ratio Decidendi

The jury's finding that the amended imputation was not defamatory was not unreasonable because the amended wording did not necessarily convey that the appellant intended to break his baby son's ribs and left open an innocent or accidental understanding. Although counsel's references to the claim as a 'try-on' and to matters the jury might think about the truth of parts of the article should not have been made, the refusal to discharge the jury was a discretionary decision and no error in that discretion was shown. Any complaint that the trial Judge's directions insufficiently addressed counsel's remarks was not available because no objection was taken to the summing up at trial and no...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']