Bass v McDonald and TCN Channel Nine Pty Ltd (No.10)
[2001] NSWSC 1039
•21 November 2001
Reported Decision:
[2001] NSWSC 1039
[2001] ACL Rep 145 NSW 55
New South Wales
Supreme Court
CITATION: Bass v McDonald & TCN Channel Nine Pty Ltd (No.10) [2001] NSWSC 1039 CURRENT JURISDICTION: Common Law FILE NUMBER(S): SC 16791/90 HEARING DATE(S): 17 - 19 October 2001
22 & 23 October 2001
25 & 26 October 2001
29 - 31 October 2001
1 & 2 November 2001JUDGMENT DATE:
21 November 2001PARTIES :
Robin Bass
Thomas McDonald
TCN Channel Nine Pty LtdJUDGMENT OF: Sperling J at 1
COUNSEL : Mr T Molomby with Mr R Rasmussen for the Plaintiff
Mr B McClintock SC with Mr M Richardson for the Second DefendantSOLICITORS: William Oates Lawyers for the Plaintiff
Gilbert & Tobin Lawyers for the Second DefendantCATCHWORDS: Defamation - whether evidence of publication in various parts of Australia - no question of principle DECISION: See paragraph 3 of the judgment.
IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
Defamation List
Sperling J
16791/90 Robin Bass v Thomas McDonald & TCN Channel Nine Pty Ltd Judgment (No.10)Wednesday 21 November 2001
: On 2 November 2001 (Transcript 466), I ruled that the plaintiff was confined to publication in the places specified in answers by the defendant to interrogatories, namely Sydney, Melbourne, Brisbane, Adelaide and Perth, plus two other places mentioned in evidence, namely, Canberra and Albury. I said I would give reasons later.
2 Mr Molomby submitted that it would be open to a jury to infer that if the programme was broadcast as above, it was, more likely than not, also broadcast in other parts of Australia and, in particular, in Hobart and Darwin.
3 In my view the inference was not open. The contrary was as likely as not the case. The competing possibilities were of equal probability. The jury had no information as to what network arrangements existed or how they operated, or as to the criteria used to decide where to broadcast such a programme, even assuming commercial arrangements made more extensive broadcasting practicable. To find such further publication would have been unjustifiable speculation.
0
0
0