Hall v Queensland Newspapers Pty Ltd

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SUPREME COURT OF QUEENSLAND

CITATION: Hall v Qld Newspapers P/L [2000] QCA 308
PARTIES: ROBERT DAVID HALL
(plaintiff/appellant)
v
QUEENSLAND NEWSPAPERS PTY LTD
ACN 009 661 778
(defendant/respondent)
FILE NO/S: Appeal No 8551 of 1999
SC No 4985 of 1997
DIVISION: Court of Appeal
PROCEEDING: General Civil Appeal
ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON: 4 August 2000
DELIVERED AT: Brisbane
HEARING DATE: 5 June 2000
JUDGES: Pincus JA, White and Dutney JJ
Separate reasons for judgment of each member of the Court, each concurring as to the orders made
ORDER:

1.Appeal allowed with costs.        

2.Judgment entered below set aside.        

3.Order that the respondent pay the costs of the previous trials.        

4.Order that there be a new trial, limited to the amount of damages to be awarded to the appellant.        

CATCHWORDS:

DEFAMATION – STATEMENTS AMOUNTING TO DEFAMATION – REFERENCE TO PLAINTIFF – IDENTIFICATION – article in newspaper made criticisms of "Judge Clive Hall QC" – intended to refer to Judge Clive Wall QC – whether appellant, Judge Robert Hall, identified – whether sufficient for some readers to interpret as referring to appellant

APPEAL AND NEW TRIAL – NEW TRIAL – IN GENERAL AND PARTICULAR GROUNDS – PARTICULAR GROUNDS – VERDICT AGAINST EVIDENCE AND WEIGHT OF EVIDENCE – VERDICT AGAINST WEIGHT OF EVIDENCE – WHEN NEW TRIAL GRANTED – GENERAL PRINCIPLE – when jury's verdict may be rejected - whether to reject jury's verdict
Adam v Ward [1917] AC 309, followed

Bruce v Odhams Press Ltd [1936] 1 All E R 287, followed

Carson v John Fairfax & Sons Ltd 1993) 178 CLR 44, followed

Evans v Davies [1991] 2 Qd R 498, considered
Hayward v Thompson [1982] QB 47, followed,
Hyams v Peterson [1991] 3 NZLR 648, followed
Lee v Wilson (1934) 51 CLR 276, followed
Morgan v Odhams Press Ltd (1971) WLR 1239, mentioned

Newstead v London Express Newspaper Ltd [1940] 1 KB 377, considered

Talmax Pty Ltd v Telstra Corporation Limited [1997] 2 Qd R 444, mentioned

Youssoupoff v MGM Pictures Limited (1934) 50 TLR 581, considered

COUNSEL:

P A Keane QC for the appellant

R A Mulholland QC with D L Spence for the respondent

SOLICITORS: Michael Sing & Associates for the appellant
Thynne & Macartney for the respondent
  1. PINCUS JA:  This is an appeal against a defamation judgment, given after a jury trial.  The successful defendant, now respondent, resisted a claim by Judge Robert Hall, a District Court judge, that he was defamed by an article about him in the "Courier‑Mail", which has a large circulation.  The appellant's case was that the article contained accusations that he had made comments which were outdated, narrow minded and misguided, that he needed to mend his ways and that he disadvantaged and prejudged children and perpetuated discrimination against children;  then there was a statement that "Queensland had the 'most shocking' rate of children being mistreated as witnesses by courts and lawyers".  The whole article is at the end of these reasons.

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Details
Case
[2000] QCA 308
Decision Date

CaseChat Overview and Summary

In the case of Hall v Queensland Newspapers Pty Ltd, the appellant, Judge Robert Hall, sued the respondent for defamation in an article published in a newspaper. The article contained criticisms of "Judge Clive Hall QC" which were intended to refer to Judge Clive Wall QC, but some readers interpreted it as referring to the appellant. The case was heard in the Queensland Court of Appeal.

The legal issues for the court to decide included whether the statements in the article were defamatory, whether the appellant was identified by the statements, and if a new trial should be ordered. The court had to determine whether the jury's verdict was against the evidence or the weight of the evidence, and if so, whether a new trial should be granted. The court also had to consider the grounds for a new trial and whether the verdict should be rejected.

The court found that the statements in the article were defamatory and that the appellant was sufficiently identified to some readers. The court held that the jury's verdict was against the weight of the evidence and granted a new trial limited to the amount of damages to be awarded to the appellant. The appeal was allowed, the judgment below was set aside, and the respondent was ordered to pay the costs of the previous trials.

The court ordered a new trial limited to the amount of damages to be awarded to the appellant. The appellant was granted costs, and the respondent was ordered to pay the costs of the previous trials. The judgment below was set aside.

Orders

Orders of the court

1.Appeal allowed with costs.

2.Judgment entered below set aside.

3.Order that the respondent pay the costs of the previous trials.

4.Order that there be a new trial, limited to the amount of damages to be awarded to the appellant.

Background

Background to the litigation

Full text does not contain this section.

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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