Mahommed v Channel Seven Sydney Pty Ltd [2006] NSWCA 213
The jury's rejection of the majority of pleaded imputations in respect of the broadcasts was manifestly unreasonable; the matter should be remitted for determination of those imputations by a jury under s 7A of the Defamation Act 1974, except for certain specific imputations reasonably rejected or abandoned.
- Parties
- Appellant: Peter Mahommed; Respondent: Channel Seven Sydney Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 02 August 2006
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed; orders made as specified.
- Legal Topics
- Imputations, Unreasonable Jury Verdict, Identification, Mode of Publication, Electronic Media, Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Peter Mahommed
Appellant
Channel Seven Sydney Pty Ltd
Respondent
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the jury's determination that only one of fifteen imputations was conveyed was one no reasonable jury could reach
- 2 Whether promotional broadcasts conveyed defamatory imputations
- 3 Appropriateness of appellate challenge to jury determinations under s 7A(3) Defamation Act 1974
Ratio Decidendi
The jury's rejection of the majority of pleaded imputations in respect of the broadcasts was manifestly unreasonable; the matter should be remitted for determination of those imputations by a jury under s 7A of the Defamation Act 1974, except for certain specific imputations reasonably rejected or abandoned.
Court Disposition
Appeal allowed; orders made as specified.
Orders
- Appeal allowed.
- Set aside the verdicts for the respondent.
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