Bass v McDonald & TCN Channel Nine Pty Ltd (No.4) [2001] NSWSC 974

Bass v McDonald & TCN Channel Nine Pty Ltd (No.4) [2001] NSWSC 974

Because the same television programme contained countervailing material which it would be open to a jury to regard as sufficient to outweigh the otherwise harmful effect of the defamatory imputations, it remained open to the jury to find that the programme as a whole, including the defamatory imputations, was not likely to cause harm to the plaintiff; therefore the defence should not be withdrawn from the jury.

Jurisdiction
Australia
Judgment Date
02 November 2001
Procedural Posture
Defamation / Application to Withdraw the Defence of Unlikelihood of Harm From the Jury
Outcome
Application refused.
Legal Topics
['defence of Unlikelihood of Harm' 'circumstances of Publication' 'jury Question']
['defamation'] ['defence of Unlikelihood of Harm' 'circumstances of Publication' 'jury Question']

Case Brief

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Procedural Posture

Defamation / Application to Withdraw the Defence of Unlikelihood of Harm From the Jury

Legal Issues

  1. 1 ['Whether the defence of unlikelihood of harm should be withdrawn from the jury on the basis that it would not be open to the jury to find in favour of the defendant under that defence.' 'Whether countervailing material in the same television programme could be considered as part of the circumstances of the publication relevant to whether the defamatory imputations were likely to cause harm.']

Ratio Decidendi

Because the same television programme contained countervailing material which it would be open to a jury to regard as sufficient to outweigh the otherwise harmful effect of the defamatory imputations, it remained open to the jury to find that the programme as a whole, including the defamatory imputations, was not likely to cause harm to the plaintiff; therefore the defence should not be withdrawn from the jury.

Court Disposition

Application refused.

Orders

  • ['The application to withdraw the defence of unlikelihood of harm from the jury is refused.']