Lane & Anor v Reid [2005] NSWCA 198

Lane & Anor v Reid [2005] NSWCA 198

The appeal was dismissed because it was open to the trial judge to conclude that the respondent counsel's regrettable remark could be cured by an appropriate direction, the direction given was sufficient to cure any possible prejudice, and no error justifying appellate intervention was demonstrated.

Jurisdiction
Australia
Judgment Date
18 May 2005
Procedural Posture
Defamation / Application for Leave to Appeal and Appeal From the District Court Concerning Refusal to Discharge the Jury and Adequacy of a Jury Direction
Outcome
Leave to appeal granted; appeal dismissed; claimants ordered to pay opponent's costs of the application and the appeal.
Legal Topics
["counsel's Address to Jury" 'discharge of Jury' 'jury Directions' 'appellate Intervention']
['defamation' 'civil Procedure'] ["counsel's Address to Jury" 'discharge of Jury' 'jury Directions' 'appellate Intervention']

Case Brief

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Procedural Posture

Defamation / Application for Leave to Appeal and Appeal From the District Court Concerning Refusal to Discharge the Jury and Adequacy of a Jury Direction

Legal Issues

  1. 1 ["Whether the trial judge erred in refusing to discharge the jury after counsel for the plaintiff said the defendants' address was misleading." "Whether the trial judge's direction to the jury was adequate to cure any prejudice from the remark." "Whether appellate intervention was justified in relation to the trial judge's conclusion that any disadvantage could be cured by direction."]

Ratio Decidendi

The appeal was dismissed because it was open to the trial judge to conclude that the respondent counsel's regrettable remark could be cured by an appropriate direction, the direction given was sufficient to cure any possible prejudice, and no error justifying appellate intervention was demonstrated.

Court Disposition

Leave to appeal granted; appeal dismissed; claimants ordered to pay opponent's costs of the application and the appeal.

Orders

  • ['Leave to appeal granted, notice of appeal to be filed within seven days.' 'Appeal dismissed.' "Claimants to pay opponent's costs of the application and the appeal."]