David v Abdishou

In *David v Abdishou*, the New South Wales Court of Appeal considered an appeal against a jury's verdict in a defamation proceeding. The dispute concerned allegations of defamatory publications made by the defendants.

The primary legal issues before the Court of Appeal were whether the jury's findings, particularly regarding the publication of the defamatory material and the imputation of certain meanings, were ones that no reasonable jury could have reached. This involved questions about the definition of "publication" in the context of a petition circulated at a general meeting, and whether the jury had been correctly directed on the test for the ordinary reasonable reader or listener. The court also considered the effect of additional questions answered by the jury and whether they had been properly discharged from their function.

The Court of Appeal reasoned that the jury's findings were open to them on the evidence presented. The court applied the principles of defamation law concerning publication, which requires that the defamatory matter be communicated to at least one person other than the plaintiff. The court also considered the test for imputations, focusing on whether the ordinary reasonable person would understand the words to convey the alleged defamatory meanings. The court found no error in the jury's assessment of these matters, nor in the directions given to them.

The appeal was dismissed, and the respondents were awarded their costs.