Hennessy v Lynch [2006] NSWDC 26

Hennessy v Lynch [2006] NSWDC 26

Because two of the three causes of action accrued before commencement of the Defamation Act 2005 (NSW) and had to be conducted under the Defamation Act 1974 (NSW), the publications were substantially the same, multiple trials were undesirable, publication was very limited, and costs should be minimised, the appropriate procedure was for all three causes of action, including the post-commencement publication on 26 March 2006, to be conducted under the previously existing law of defamation, namely the Defamation Act 1974 (NSW).

Jurisdiction
Australia
Judgment Date
27 September 2006
Procedural Posture
Defamation Proceedings / Preliminary Issue as to Whether the Defamation Act 1974 (nsw), the Defamation Act 2005 (nsw), or a Combination of the Two Applies
Outcome
The Defamation Act 1974 (NSW) applies to all causes of action pleaded in the proceedings.
Legal Topics
['transitional Provisions' 'application of Defamation Act 1974 (nsw) and Defamation Act 2005 (nsw)' 'substantially the Same Matter Published on Separate Occasions']
['defamation' 'practice and Procedure'] ['transitional Provisions' 'application of Defamation Act 1974 (nsw) and Defamation Act 2005 (nsw)' 'substantially the Same Matter Published on Separate Occasions']

Case Brief

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Procedural Posture

Defamation Proceedings / Preliminary Issue as to Whether the Defamation Act 1974 (nsw), the Defamation Act 2005 (nsw), or a Combination of the Two Applies

Legal Issues

  1. 1 ['Whether proceedings arising from three oral publications, where two causes of action accrued under the Defamation Act 1974 (NSW) and one after commencement of the Defamation Act 2005 (NSW), should be conducted under the 1974 Act, the 2005 Act, or a combination of the two.' 'Whether Defamation Act 2005 (NSW) Sch 4 cl 2 prevented application of the 2005 Act to the post-commencement publication because the proceedings included pre-commencement causes of action based on the same or substantially the same matter.']

Ratio Decidendi

Because two of the three causes of action accrued before commencement of the Defamation Act 2005 (NSW) and had to be conducted under the Defamation Act 1974 (NSW), the publications were substantially the same, multiple trials were undesirable, publication was very limited, and costs should be minimised, the appropriate procedure was for all three causes of action, including the post-commencement publication on 26 March 2006, to be conducted under the previously existing law of defamation, namely the Defamation Act 1974 (NSW).

Court Disposition

The Defamation Act 1974 (NSW) applies to all causes of action pleaded in the proceedings.

Orders

  • ['The provisions of the Defamation Act 1974 (NSW) apply to all causes of action pleaded in these proceedings.']