Habib v Radio 2UE Sydney Pty Ltd & Anor (No 2) [2011] NSWDC 7

Habib v Radio 2UE Sydney Pty Ltd & Anor (No 2) [2011] NSWDC 7

In light of the complexity of the issues, multiple broadcasts, and number of imputations, and provided appropriate jury directions distinguish between evidence and aids to memory, the jury may be provided with transcripts of the first and third broadcasts as memory aids (not as exhibits). The transcript of the second broadcast is not to be provided unless its provenance and admissibility are first established.

Jurisdiction
Australia
Judgment Date
07 March 2011
Procedural Posture
Interlocutory Application in Defamation Proceedings / Pre Trial Ruling on Evidentiary/procedural Issue
Outcome
Application granted in part
Legal Topics
['defamation' 'admissibility of Transcripts' 'jury Aids' 'civil Procedure' 'proof of Facts' 'relevance of Evidence']
['torts' 'evidence' 'civil Procedure'] ['defamation' 'admissibility of Transcripts' 'jury Aids' 'civil Procedure' 'proof of Facts' 'relevance of Evidence']

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Procedural Posture

Interlocutory Application in Defamation Proceedings / Pre Trial Ruling on Evidentiary/procedural Issue

Legal Issues

  1. 1 ['Whether transcripts of radio broadcasts should be provided to the jury as exhibits or as an aid to memory in a defamation jury trial under s 7A of the Defamation Act 1974' 'Whether such transcripts are admissible in evidence or superfluous due to admitted facts' 'Whether provision of transcripts is unfairly prejudicial to the defendants']

Ratio Decidendi

In light of the complexity of the issues, multiple broadcasts, and number of imputations, and provided appropriate jury directions distinguish between evidence and aids to memory, the jury may be provided with transcripts of the first and third broadcasts as memory aids (not as exhibits). The transcript of the second broadcast is not to be provided unless its provenance and admissibility are first established.

Court Disposition

Application granted in part

Orders

  • ['Transcripts of the first and third broadcasts may be provided to the jury as memory aids (not as evidence/exhibits), subject to appropriate directions distinguishing them from evidence.' 'Transcript of the second broadcast (Steve Price) not to be provided unless admissibility is established; if the original...