CINEVEST LIMITED & ANOR v YIRANDI PRODUCTIONS LIMITED & ANOR [2001] NSWCA 68

CINEVEST LIMITED & ANOR v YIRANDI PRODUCTIONS LIMITED & ANOR [2001] NSWCA 68

Identification is an issue for the jury under s7A of the Defamation Act 1974; the jury's finding that imputation (d) was not defamatory was perverse or unreasonable, as the imputation of incompetence in business affairs necessarily affects reputation.

Jurisdiction
Australia
Judgment Date
29 March 2001
Procedural Posture
Appeal / Judgment of Court of Appeal
Outcome
Appeal allowed in part
Legal Topics
['identification' 'defamatory Nature of Imputation' 'jury Function' 'business Reputation']
['defamation'] ['identification' 'defamatory Nature of Imputation' 'jury Function' 'business Reputation']

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Procedural Posture

Appeal / Judgment of Court of Appeal

Legal Issues

  1. 1 ['Is identification an issue for the jury under s7A of the Defamation Act 1974?' "Was the jury's finding on imputation (d) unreasonable or perverse?"]

Ratio Decidendi

Identification is an issue for the jury under s7A of the Defamation Act 1974; the jury's finding that imputation (d) was not defamatory was perverse or unreasonable, as the imputation of incompetence in business affairs necessarily affects reputation.

Court Disposition

Appeal allowed in part

Orders

  • ['Set aside the verdict of the jury with respect to imputation (d)' 'Order a new trial with respect to imputation (d)']