Bass v McDonald & TCN Channel Nine Pty Ltd (No.5) [2001] NSWSC 979

Bass v McDonald & TCN Channel Nine Pty Ltd (No.5) [2001] NSWSC 979

The judge declined to require the jury to determine damages separately by jurisdiction, holding that the additional complexity would overburden the jury, and differences in qualified privilege between jurisdictions were unlikely to affect entitlement due to their similarity.

Parties
Plaintiff: Robin Bass; Defendant: Thomas McDonald; Second Defendant: TCN Channel Nine Pty Ltd
Jurisdiction
Australia
Judgment Date
07 November 2001
Procedural Posture
Defamation / Interlocutory Application Before Jury Verdict on Damages
Outcome
Application declined
Legal Topics
Damages, Qualified Privilege, Jury Directions
Defamation Damages Qualified Privilege Jury Directions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Robin Bass

Plaintiff

Thomas McDonald

Defendant

TCN Channel Nine Pty Ltd

Second Defendant

Procedural Posture

Defamation / Interlocutory Application Before Jury Verdict on Damages

Legal Issues

  1. 1 Whether the jury should be asked to determine damages separately for publication in Queensland and elsewhere in Australia

Ratio Decidendi

The judge declined to require the jury to determine damages separately by jurisdiction, holding that the additional complexity would overburden the jury, and differences in qualified privilege between jurisdictions were unlikely to affect entitlement due to their similarity.

Court Disposition

Application declined

Orders

  • Application to require the jury to determine damages separately for Queensland and elsewhere in Australia is declined.