Gacic v John Fairfax Publications Pty Ltd

The appeal concerned a defamation action brought by the appellants against John Fairfax Publications Pty Ltd. The dispute arose from articles published by the respondent that the appellants alleged were defamatory. The case was heard in the Court of Appeal of New South Wales, following a jury trial conducted under section 7A of the *Defamation Act 1974* (NSW).

The primary legal issues before the Court of Appeal were whether the jury's verdicts were unreasonable, whether the trial judge had erred in directing the jury, and whether the appellate court should intervene to set aside the jury's findings. Specifically, the court considered whether the jury had been improperly invited to make an inference upon an inference and whether the imputations conveyed by the publications were plainly defamatory, such that no reasonable jury, properly directed, could have found otherwise.

The Court of Appeal found that the jury's verdicts were unreasonable and that the trial judge's directions were inadequate, particularly in light of misleading submissions made by counsel. The court determined that the imputations conveyed by the publications were clearly defamatory and that the jury, if properly directed, could not have reached the verdicts it did. Consequently, the court allowed the appeal, set aside the verdicts for the respondent, and entered verdicts for the appellants in respect of certain imputations. The claim relating to another imputation was remitted for a new jury determination. The court also made orders regarding the costs of the appeal and the trial.