Channel Seven Sydney Pty Ltd v Mohammed

Channel Seven Sydney Pty Ltd (the appellant) appealed a decision of the primary judge in a defamation proceeding brought by Mohammed (the respondent). The dispute concerned whether certain imputations were conveyed by material broadcast by Channel Seven. The appeal was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the judge's summing-up to the jury in the section 7A trial contained an excess in the expression of his views, thereby imperilling the jury's independence, and if so, whether this error necessitated the discharge of the jury. Further, the court had to determine whether, despite any error, a substantial wrong or miscarriage of justice had occurred, and whether the judge had erred in his costs order for the section 7A trial.

The Court of Appeal found that the judge had indeed expressed his views too strongly, potentially overawing the jury and encroaching on their function. However, the court concluded that it was required to determine for itself whether the imputations were conveyed, and found that they were. Despite the error in the summing-up, the court determined that no substantial wrong or miscarriage of justice had occurred, meaning a new trial was not warranted. The court also set aside the primary judge's costs order for the section 7A trial, finding that it was not a waste of time as previously held, and therefore the discretion to make that order had miscarried.

The appeal was allowed in part. The costs orders made on 9 February 2007 were set aside, and in their place, it was ordered that the costs of the trial be reserved. The appeal was otherwise dismissed, with the appellant ordered to pay 80 per cent of the respondent's costs.