Richard Martin TORY v Michael MEGNA [2007] NSWCA 13

Richard Martin TORY v Michael MEGNA [2007] NSWCA 13

Even assuming the trial judge erred by directing the jury to disregard the appellant's 'take no notice' submission, the error did not occasion a substantial wrong or miscarriage of justice. Assessed as a whole, the circulars were not incapable of being taken seriously: they were issued under the name of the Drummoyne Council Ratepayers Association, appeared regularly, referred to council business in detail, and conveyed an overall impression of a serious attempt to communicate information. The complaints about counsel's address either disclosed no unfairness, were tangential, were corrected, or did not individually or cumulatively amount to a substantial wrong or miscarriage. The appeal...

Jurisdiction
Australia
Judgment Date
19 February 2007
Procedural Posture
Appeal in Defamation Proceedings / Appeal From Supreme Court Common Law Division After a Jury Trial Pursuant to S7 a of the Defamation Act 1974 (nsw)
Outcome
Appeal dismissed with costs.
Legal Topics
['defamatory Imputations' 'publication' 'misdirection or Non Direction' 'misconduct of Counsel' 'substantial Wrong or Miscarriage of Justice' 'supreme Court Rules Pt51 R23']
['defamation' 'civil Procedure' 'appellate Procedure'] ['defamatory Imputations' 'publication' 'misdirection or Non Direction' 'misconduct of Counsel' 'substantial Wrong or Miscarriage of Justice' 'supreme Court Rules Pt51 R23']

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Procedural Posture

Appeal in Defamation Proceedings / Appeal From Supreme Court Common Law Division After a Jury Trial Pursuant to S7 a of the Defamation Act 1974 (nsw)

Legal Issues

  1. 1 ["Whether the trial judge misdirected the jury by directing it to disregard the appellant's submission that the publications were so rubbishy that the ordinary reasonable reader would not take the pleaded imputations seriously." 'Whether any error in the direction caused a substantial wrong or miscarriage of justice under Supreme Court Rules Pt51 r23.' "Whether the trial judge failed to give adequate directions concerning alleged unfairness, misstatements or misrepresentations in counsel's address to the jury." 'Whether any such matters, individually or cumulatively, caused a substantial wrong or miscarriage of justice.']

Ratio Decidendi

Even assuming the trial judge erred by directing the jury to disregard the appellant's 'take no notice' submission, the error did not occasion a substantial wrong or miscarriage of justice. Assessed as a whole, the circulars were not incapable of being taken seriously: they were issued under the name of the Drummoyne Council Ratepayers Association, appeared regularly, referred to council business in detail, and conveyed an overall impression of a serious attempt to communicate information. The complaints about counsel's address either disclosed no unfairness, were tangential, were corrected, or did not individually or cumulatively amount to a substantial wrong or miscarriage. The appeal...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']