Bennette v Cohen

In *Bennette v Cohen*, the plaintiff appealed to the Court of Appeal of New South Wales against a jury's determination in a defamation trial. The jury had found that a particular imputation conveyed by the defendant's speech, namely that the plaintiff had engaged in illegal work that severely damaged the environment, was not defamatory. Consequently, a verdict was entered for the defendant in relation to that imputation.

The primary legal issues before the Court of Appeal were whether the jury's finding that the imputation was not defamatory was appealable under section 102 of the *Supreme Court Act 1970* (NSW), and whether the imputation constituted "mere vulgar abuse" as argued by the defendant. The court considered whether the right of appeal under section 102 was independent of the rights conferred by section 101 of the *Supreme Court Act 1970*.

The court reasoned that a determination by a jury under section 7A(3) of the *Defamation Act 1974* (NSW) that an imputation was not defamatory, followed by a verdict for the defendant, is subject to appeal under section 102 of the *Supreme Court Act 1970*. This right of appeal exists independently of any rights conferred by section 101. The court further considered the concept of "vulgar abuse" in the context of defamation law, acknowledging the defendant's reliance on this defence. Ultimately, the court held that the jury's conclusion that the imputation was not defamatory was within the range of reasonably available conclusions.

The appeal was dismissed, and the plaintiff was ordered to pay the costs of the appeal.