GRIFFITH & ORS v AUSTRALIAN BROADCASTING CORPORATION & ORS [2003] NSWSC 298

GRIFFITH & ORS v AUSTRALIAN BROADCASTING CORPORATION & ORS [2003] NSWSC 298

Issues of republication in a defamation action are not for the jury under s7A of the Defamation Act 1974, as the sued defendant is not regarded as a publisher of republications; only publication by the defendant is for the jury to determine.

Jurisdiction
Australia
Judgment Date
09 April 2003
Procedural Posture
Civil / Interlocutory Ruling – Directions Regarding Issues for Jury
Outcome
Issues of republication are not for the jury.
Legal Topics
['issues for Jury' 'republication' 's7 a Defamation Act 1974']
['defamation'] ['issues for Jury' 'republication' 's7 a Defamation Act 1974']

Case Brief

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Procedural Posture

Civil / Interlocutory Ruling – Directions Regarding Issues for Jury

Legal Issues

  1. 1 ['Are issues of republication to be determined by the jury under s7A of the Defamation Act 1974?']

Ratio Decidendi

Issues of republication in a defamation action are not for the jury under s7A of the Defamation Act 1974, as the sued defendant is not regarded as a publisher of republications; only publication by the defendant is for the jury to determine.

Court Disposition

Issues of republication are not for the jury.

Orders

  • ['Issues of republication to be determined by the court, not the jury.']