Gorman v Barber

Gorman v Barber concerned a defamation claim brought by Dr. Gorman, a specialist medical practitioner, against Mr. Barber. The imputation at the heart of the dispute was that Dr. Gorman "provides treatment to his patients which is useless, dangerous and causes them harm." The matter came before the Court of Appeal of New South Wales.

The Court of Appeal was required to determine whether the imputation made against Dr. Gorman was capable of being defamatory. Additionally, the Court considered its powers under section 108(3) of the *Supreme Court Act 1970* (NSW), which allows the Court of Appeal to enter a verdict in favour of a plaintiff on a section 7A issue in appropriate circumstances.

The Court reasoned that the imputation was clearly capable of being defamatory as it alleged incompetence and harm to patients, which would tend to lower Dr. Gorman in the estimation of right-thinking members of society. The Court found that the imputation was not merely an expression of opinion but a statement of fact about the quality of Dr. Gorman's medical practice. Applying the principles of defamation law, the Court concluded that the imputation was indeed defamatory.

The appeal was allowed, and the Court of Appeal entered a verdict in favour of the plaintiff, Dr. Gorman.