SIMON KONSTANTINIDIS v FOREIGN LANGUAGE PUBLICATIONS Pty Ltd [2002] NSWSC 761
Where the defendant concedes that at least one reader would reasonably understand the article as referring to the plaintiff, identification ceases to be an issue and the only questions for the jury are those of meaning and whether they are defamatory. Leave to call further identification evidence is therefore refused.
- Parties
- Plaintiff: Simon Konstantinidis; Defendant: Foreign Language Publications Pty Ltd
- Jurisdiction
- Australia
- Judgment Date
- 26 August 2002
- Procedural Posture
- Defamation / Interlocutory Application Before 7 a Trial
- Outcome
- Application for leave to call identification evidence refused.
- Legal Topics
- Identification Evidence, Meaning of Defamatory Matter, Concessions in Pleadings
Case Brief
Summary, issues, holding and outcome
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Parties
Simon Konstantinidis
Plaintiff
Foreign Language Publications Pty Ltd
Defendant
Procedural Posture
Defamation / Interlocutory Application Before 7 a Trial
Legal Issues
- 1 Whether leave should be granted to the plaintiff to call identification evidence given concessions by the defendant
- 2 Scope of issues left to be determined by the jury in light of the concessions
Ratio Decidendi
Where the defendant concedes that at least one reader would reasonably understand the article as referring to the plaintiff, identification ceases to be an issue and the only questions for the jury are those of meaning and whether they are defamatory. Leave to call further identification evidence is therefore refused.
Court Disposition
Application for leave to call identification evidence refused.
Orders
- Leave to call identification evidence is refused.
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