SONDA v. SIGNORELLI [2004] NSWCA 134

SONDA v. SIGNORELLI [2004] NSWCA 134

The trial judge erred in setting aside the jury's verdict as she did not properly apply the correct test under s.126(2) of the District Court Act 1973, by substituting her own view rather than asking whether no reasonable jury could have reached the verdict. It was open to the jury to find that the imputation of deliberate misleading or lying was not conveyed by the letters, given the way the case was put and the inferences required to reach the more serious imputation. There was therefore no sufficient cause to order a new trial, and judgment should be entered in favour of the appellant based on the jury's answer.

Jurisdiction
Australia
Judgment Date
06 May 2004
Procedural Posture
Appeal / Judgment on Appeal From Order for New Trial Following S.7 a Jury Verdict in District Court
Outcome
Appeal allowed; new trial order set aside; judgment entered for appellant; respondent to pay appellant's costs.
Legal Topics
['jury Trial Under S.7 a Defamation Act' 'test for New Trial Under S.126 District Court Act' 'reasonableness of Jury Verdict' 'imputation of Deliberate Misleading']
['defamation' 'civil Procedure'] ['jury Trial Under S.7 a Defamation Act' 'test for New Trial Under S.126 District Court Act' 'reasonableness of Jury Verdict' 'imputation of Deliberate Misleading']

Case Brief

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Procedural Posture

Appeal / Judgment on Appeal From Order for New Trial Following S.7 a Jury Verdict in District Court

Legal Issues

  1. 1 ['Whether the trial judge erred in ordering a new trial after a s.7A jury verdict for the defendant on the basis that the verdict was perverse and against the evidence' 'What is the proper test under s.126(2) of the District Court Act 1973 for setting aside a jury verdict in a defamation action']

Ratio Decidendi

The trial judge erred in setting aside the jury's verdict as she did not properly apply the correct test under s.126(2) of the District Court Act 1973, by substituting her own view rather than asking whether no reasonable jury could have reached the verdict. It was open to the jury to find that the imputation of deliberate misleading or lying was not conveyed by the letters, given the way the case was put and the inferences required to reach the more serious imputation. There was therefore no sufficient cause to order a new trial, and judgment should be entered in favour of the appellant based on the jury's answer.

Court Disposition

Appeal allowed; new trial order set aside; judgment entered for appellant; respondent to pay appellant's costs.

Orders

  • ['Appeal allowed.' 'Orders made by Gibson DCJ on 19 August 2003 be set aside.' 'The answer of the jury to the questions asked of them on 9 July 2003 to be the verdict of the Court.' 'Judgment for the appellant in the proceedings accordingly.' "The respondent to pay the appellant's costs of this application and the...