Foreign Media v Konstantinidis

CITATION:	FOREIGN MEDIA v KONSTANTINIDIS [2003] NSWCA 161 revised - 24/06/2003
HEARING DATE(S):	28 April 2003
JUDGMENT DATE:	23 June 2003
JUDGMENT OF:	Handley JA at 1; Giles JA at 28; Tobias JA at 35
DECISION:	Leave to appeal granted. Direct that the notice of appeal be filed within 14 days. Appeal dismissed with costs.
CATCHWORDS:	DEFAMATION - foreign language broadcast - admissibility of transcript of English translation - DEFAMATION - imputations - whether conveyed - inconsistent verdicts - EVIDENCE - foreign language broadcast - transcript of English translation - admissibility - JURY - inconsistent verdicts
LEGISLATION CITED:	Evidence Act Jury Act
CASES CITED:	Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158 CA Brancato v Australian Telecommunications Commission (1986) 7 NSWLR 30 Buteria v DPP (Vic) (1987) 174 CLR 180 Osland v The Queen (1998) 197 CLR 316 Otis Elevators Pty Ltd v Zitis (1986) 5 NSWLR 171 Radio 2UE Sydney Pty Ltd v Parker (1992) 29 NSWLR 448 TCN Channel Nine Pty Ltd v Mahony (1993) 32 NSWLR 397
PARTIES :	FOREIGN MEDIA PTY LTD & ORS v SIMON KONSTANTINIDIS
FILE NUMBER(S):	CA 40862/02
COUNSEL:	Appellants: T Molomby Respondent: T D Blackburn
SOLICITORS:	Appellants: Tony Lazaropoulos Respondent: Mallesons

LOWER COURTJURISDICTION:	Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S):	CLD 20998/96
LOWER COURT JUDICIAL OFFICER :	Levine J

40862/02
CLD 20998/96

HANDLEY JA
GILES JA
TOBIAS JA

23 June 2003

FOREIGN MEDIA PTY LIMITED & ORS v SIMON KONSTANTINIDIS

The plaintiff sued the operator of the radio station “Voice of Greece” for defamation arising from two overlapping broadcasts in Greek on 28 August 1996. A jury was empanelled to try the issues of defamatory meaning under s 7A(3) of the Defamation Act. The trial Judge, over objection from counsel for the defendant, admitted transcripts of translations of the two broadcasts. The jury found that a particular imputation was conveyed by the longer broadcast but not by the shorter. The defendant sought leave to appeal contending that the transcripts were not admissible and the jury’s verdicts in relation to the particular imputation were inconsistent.

HELD: (1) The transcripts were admissible. (2) The verdicts were not inconsistent.

ORDERS

1. Leave to appeal granted;

2. Direct that the notice of appeal be filed within 14 days;

3. Appeal dismissed with costs.

40862/02
CLD 20998/96
HANDLEY JA
GILES JA
TOBIAS JA


23 June 2003

FOREIGN MEDIA PTY LIMITED & ORS v SIMON KONSTANTINIDIS

Judgment

1 HANDLEY JA: The defendants have applied for leave to appeal from the verdict of the jury on a trial of issues under s 7A(3) of the Defamation Act 1974. The proceedings arise out of three radio broadcasts in the Greek language by the first defendant on “The Voice of Greece”, the first on the morning and the second on the evening of 28 August 1996. The plaintiff sued on both broadcasts, pleading the same five defamatory imputations in respect of each. The plaintiff did not rely on any true innuendos.…