Jackson v TCN Channel 9 [2001] NSWCA 108

Jackson v TCN Channel 9 [2001] NSWCA 108

The programme contained statements capable of supporting the pleaded imputations concerning outlaw bikie gangs, and the film footage pointed to the plaintiffs as individuals. It was open to the jury to find that ordinary reasonable viewers would infer that the identified riders were members of an outlaw bikie gang, particularly the Rebels, and that the statements applied to them. The trial judge therefore erred in entering judgment for TCN on imputations (a) to (f), while TCN failed to show error in preserving the jury verdicts on imputations (g) to (l) or in the identification direction.

Jurisdiction
Australia
Judgment Date
10 May 2001
Procedural Posture
Defamation / Application for Leave to Appeal and Summons for Leave to Cross Appeal From Rulings Entering Judgment Notwithstanding Jury Verdicts in Part
Outcome
Leave to appeal granted; appeal allowed; judgment for the defendant in respect of imputations (a) to (f) set aside; summons for leave to cross-appeal dismissed.
Legal Topics
['group Defamation' 'identification of Plaintiffs' 'imputations Conveyed by Television Broadcast' 'judgment Notwithstanding Verdict' 'leave to Appeal' 'cross Appeal']
['defamation' 'civil Procedure'] ['group Defamation' 'identification of Plaintiffs' 'imputations Conveyed by Television Broadcast' 'judgment Notwithstanding Verdict' 'leave to Appeal' 'cross Appeal']

Case Brief

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Procedural Posture

Defamation / Application for Leave to Appeal and Summons for Leave to Cross Appeal From Rulings Entering Judgment Notwithstanding Jury Verdicts in Part

Legal Issues

  1. 1 ['Whether imputations about outlaw motorcycle gangs were capable of being conveyed of and concerning identified individual plaintiffs shown in film footage.' 'Whether the trial judge erred in entering judgment for TCN on imputations (a) to (f) on the basis that the defamatory remarks concerned gang membership generally and were not actionable by individual members.' 'Whether imputations (g) to (l) were ambiguous or incapable of arising from the matter complained of.' 'Whether the jury was misdirected about identification of plaintiffs from the broadcast and other knowledge.']

Ratio Decidendi

The programme contained statements capable of supporting the pleaded imputations concerning outlaw bikie gangs, and the film footage pointed to the plaintiffs as individuals. It was open to the jury to find that ordinary reasonable viewers would infer that the identified riders were members of an outlaw bikie gang, particularly the Rebels, and that the statements applied to them. The trial judge therefore erred in entering judgment for TCN on imputations (a) to (f), while TCN failed to show error in preserving the jury verdicts on imputations (g) to (l) or in the identification direction.

Court Disposition

Leave to appeal granted; appeal allowed; judgment for the defendant in respect of imputations (a) to (f) set aside; summons for leave to cross-appeal dismissed.

Orders

  • ['Leave to appeal granted.' 'Appeal allowed, subject to the filing of a notice of appeal within 14 days.' 'Judgment for the defendant in respect of imputations (a) to (f) set aside.' 'Summons for leave to cross-appeal dismissed.' "TCN Channel 9 Pty Limited to pay the claimants' and appellants' costs of the summons...