Reported Decision:
(2002) 54 NSWLR 165
New South Wales
Court of Appeal
CITATION: GREEK HERALD PTY LTD v NIKOLOPOULOS & ORS [2002] NSWCA 41 FILE NUMBER(S): CA 40100/01 HEARING DATE(S): 12 November 2001 JUDGMENT DATE:
5 March 2002PARTIES :
GREEK HERALD PTY LTD v GEORGE NIKOLOPOULOS & ORSJUDGMENT OF: Mason P at 1; Wood CJatCL at 31; Young CJ in Eq at 32
LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT
FILE NUMBER(S) :CL 20071/99 LOWER COURT
JUDICIAL OFFICER :Dowd J
COUNSEL: Appellant: T Molomby
Respondents: C Evatt/ J C HennessSOLICITORS: Appellant: Tony Lazaropoulos
Respondents: Brock PartnersCATCHWORDS: Defamation - direction to jury - imputations under the Defamation Act 1974 - whether pleaded imputations are to be understood in the context of whole matter complained of. - Procedure - order for new trial on ground of non-direction - whether the lack of a direction led to a substantial wrong or miscarriage of justice. (D) LEGISLATION CITED: Defamation Act 1974 ss 7A, 9(2)
Supreme Court Rules 1970 Pt 67 r 11CASES CITED: A B Parry & Sons Pty Ltd v The K G Murray Publishing Co (unreported, NSWSC, Hunt J, 10 April 1980)
Attorney-General of Ontario v Dieleman (1994) 117 DLR (4th) 449
Australian Broadcasting Corporation v McBride [2001] NSWCA 322
Bayne v Parker [1976] 1 NSWLR 191
Bremridge v Latimer (1864) 12 WR 878
Broome v Agar (1928) 138 LT 698
Chakavarti v Advertiser Newspapers Ltd (1998) 193 CLR 519
Cinevest Ltd v Yirandi Productions Ltd [2001] NSWCA 68
Dakhyl v Labouchere [1908] 2 KB 325
Dougherty v Nationwide News Pty Ltd (1968) 88 WN (Pt 1) NSW 146
Drummoyne Municipal Council v Australian Broadcasting Corporation (1990) 21 NSWLR 135
Freeman v G J Coles & Co Ltd [1967] 1 NSWR 297
Metropolitan Gas Co v Federated Gas Employees' Industrial Union (1925) 35 CLR 449
Minister for Immigration v Eshetu (1999) 197 CLR 611
Morosi v Mirror Newspapers Ltd [1977] 2 NSWLR 749
Nationwide News Pty Ltd v Heggie [2001] NSWCA 257
New South Wales Aboriginal Land Council v Perkins (1998) 45 NSWLR 340
Petritsis v Hellenic Herald Pty Ltd [1978] 2 NSWLR 174
Ron Hodgson (Trading) Pty Limited v Belvedere Motors (Hurstville) Pty Limited [1971] 1 NSWLR 472
Singleton v Ffrench (1986) 5 NSWLR 425
Templeton v Jones [1984] 1 NZLR 448
Towne v Eisner 254 US 418 (1918)
Watkin v Hall (1868) 3 QB 396DECISION: Appeal dismissed with costs.
CA 40100 of 2001
CL 20071 of 1999
MASON P
WOOD CJ at CL
YOUNG CJ in Eq
Tuesday 5 March 2002
GREEK HERALD PTY LTD v George NIKOLOPOULOS & Ors
The plaintiffs, directors of the Canterbury-Marrickville Olympic Soccer Football Club, sued the Greek Herald for defamation in respect of several articles published in 1999. The jury rejected all imputations save one which was found to be established and defamatory, namely that the plaintiffs lied to members of the Club.
During the trial, in the absence of the…
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Details
- Case
- [2002] NSWCA 41
- Decision Date
CaseChat Overview and Summary
The Greek Herald Pty Ltd appealed to the Court of Appeal of New South Wales against a judgment entered in favour of Mr. Nikolopoulos following a defamation trial. The dispute concerned publications made by the Greek Herald which Mr. Nikolopoulos alleged were defamatory.
The primary legal issues before the Court of Appeal were whether the trial judge had erred in failing to adequately direct the jury regarding the imputations arising from the defamatory material, and whether this alleged non-direction resulted in a substantial wrong or miscarriage of justice, thereby warranting a new trial. Specifically, the court considered how imputations pleaded under the *Defamation Act 1974* (NSW) should be understood in the context of the entire matter complained of.
The Court of Appeal dismissed the appeal, finding that the trial judge's directions to the jury were sufficient. The court reasoned that the jury had been adequately guided to consider the publications as a whole when determining the meaning and imputations conveyed. Consequently, the court concluded that there was no substantial wrong or miscarriage of justice occasioned by any alleged non-direction. The appeal was dismissed with costs.
The primary legal issues before the Court of Appeal were whether the trial judge had erred in failing to adequately direct the jury regarding the imputations arising from the defamatory material, and whether this alleged non-direction resulted in a substantial wrong or miscarriage of justice, thereby warranting a new trial. Specifically, the court considered how imputations pleaded under the *Defamation Act 1974* (NSW) should be understood in the context of the entire matter complained of.
The Court of Appeal dismissed the appeal, finding that the trial judge's directions to the jury were sufficient. The court reasoned that the jury had been adequately guided to consider the publications as a whole when determining the meaning and imputations conveyed. Consequently, the court concluded that there was no substantial wrong or miscarriage of justice occasioned by any alleged non-direction. The appeal was dismissed with costs.
Orders
Orders of the court
Appeal dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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