Cunningham v Ryan [1919] HCA 75

Cunningham v Ryan [1919] HCA 75

There was no final verdict delivered by the jury; their answers were only tentative and not formally rendered or accepted by the court. Until a verdict is clearly delivered and recorded, the jury retains the right to reconsider and change its answers. Accordingly, no verdict or judgment could be entered for the defendants based on the proceedings, and the appeal must fail.

Parties
Defendant: Edward S. Cunningham; Defendant: Lachlan Mackinnon; Defendant: George Bell; Defendant: David Hewitt Maling; Plaintiff: Thomas Joseph Ryan
Jurisdiction
Australia
Judgment Date
16 October 1919
Procedural Posture
Appeal / Appeal From Isaacs J. on Refusal of Motion to Enter Verdict for Defendants
Outcome
Appeal dismissed with costs
Legal Topics
Libel, Trial by Jury, Special Verdicts, Judge's Directions to Jury, Verdict Recording
Torts Procedure Libel Trial by Jury Special Verdicts Judge's Directions to Jury Verdict Recording

Case Brief

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Parties

Edward S. Cunningham

Defendant

Lachlan Mackinnon

Defendant

George Bell

Defendant

David Hewitt Maling

Defendant

Thomas Joseph Ryan

Plaintiff

Procedural Posture

Appeal / Appeal From Isaacs J. on Refusal of Motion to Enter Verdict for Defendants

Legal Issues

  1. 1 Was there a final verdict delivered by the jury?
  2. 2 Is a jury bound by tentative or provisional answers before a verdict is accepted and recorded by the court?
  3. 3 Should judgment be entered for the defendants based on tentative answers or the jury's inability to agree?

Ratio Decidendi

There was no final verdict delivered by the jury; their answers were only tentative and not formally rendered or accepted by the court. Until a verdict is clearly delivered and recorded, the jury retains the right to reconsider and change its answers. Accordingly, no verdict or judgment could be entered for the defendants based on the proceedings, and the appeal must fail.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs