Bass v McDonald & TCN Channel Nine Pty Ltd (No.3) [2001] NSWSC 956

Bass v McDonald & TCN Channel Nine Pty Ltd (No.3) [2001] NSWSC 956

The judge declined to accede to the application to direct the jury to disregard the opening comments, on the basis that the topic was open to be pursued given the evidentiary material put forward, though reserving the possibility of addressing it if, by the close of evidence, a sufficient basis is lacking.

Jurisdiction
Australia
Judgment Date
26 October 2001
Procedural Posture
Defamation / Application for Jury Direction During Trial
Outcome
Application for direction to the jury refused
Legal Topics
['jury Directions' 'evidentiary Matters' 'opening Address']
['defamation'] ['jury Directions' 'evidentiary Matters' 'opening Address']

Case Brief

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Procedural Posture

Defamation / Application for Jury Direction During Trial

Legal Issues

  1. 1 ['Whether a direction should be given to the jury to disregard a comment made in opening address regarding alleged dealings with Mr Lennie McPherson']

Ratio Decidendi

The judge declined to accede to the application to direct the jury to disregard the opening comments, on the basis that the topic was open to be pursued given the evidentiary material put forward, though reserving the possibility of addressing it if, by the close of evidence, a sufficient basis is lacking.

Court Disposition

Application for direction to the jury refused

Orders

  • ['Application by plaintiff for instruction to jury dismissed']