Jackson v TCN Channel 9

[2001] NSWCA 108

CITATION:	Jackson v TCN Channel 9 [2001] NSWCA 108
FILE NUMBER(S):	CA 40393/00
HEARING DATE(S):	12 April 2001
JUDGMENT DATE:	10 May 2001
PARTIES :	Glen Jackson & Ors v TCN Channel 9 Pty Ltd
JUDGMENT OF:	Handley JA at 1; Hodgson CJ in Eq at 44; Wood CJatCL at 48

LOWER COURT JURISDICTION :	Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S) :	CLD 21010/96
LOWER COURT JUDICIAL OFFICER :	Hulme J

COUNSEL:	T Molomby/RKM Rasmussen (Appellants) B R McClintock SC (Respondent)
SOLICITORS:	Paul Kenny & Associates Edgecliff (Appellants) Gilbert & Tobin Sydney (Respondent)
CATCHWORDS:	DEFAMATION - imputation relating to group membership may be defamatory of an individual member if the matter complained of related to an organised group or if there was something to point to the particular individual - jury may consider implications and inferences which may be drawn from a television programme
LEGISLATION CITED:	Defamation Act (NSW) 1974
CASES CITED:	Eastwood v Holmes (1858) 1 F & F 347 [175 ER 759] Lewis v Daily Telegraph Limited [1964] AC 234 Amalgamated Television Services v Marsden (1998) 43 NSWLR 158 Knupffer v London Express Newspaper Ltd [1944] AC 116 Crowley v Glissan (1905) 2 CLR 402 Singleton v Ffrench (1986) 5 NSWLR 425 Hunter v Chief Constable of the West Midlands Police [1982] AC 529 Fidelitas Shipping Co Ltd v V/O Exportchleb [1966] 1 QB 630 General Motors-Holden's Pty Limited v Moularas (1964) 111 CLR 234 Holford v Melbourne Tramway & Omnibus Co Limited [1909] VLR 497
DECISION:	Leave to appeal granted. Orders made

THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

40393/00
CLD 21010/96

HANDLEY JA

HODGSON CJinEq

WOODCJatCL

10 May 2001

GLEN JACKSON & ORS v TCN CHANNEL 9 PTY LIMITED

DEFAMATION - imputation relating to group membership may be defamatory of an individual member if the matter complained of related to an organised group or if there was something to point to the particular individual - jury may consider implications and inferences which may be drawn from a television programme

The appellants claimed that a television programme about outlaw motorcycle gangs which contained film footage showing them riding in formation defamed each of them by imputing that they were knowingly involved in the illegal activities of the gang and willingly associated with members involved in such activities. The jury found that the imputations were defamatory and were conveyed in respect of each of the male plaintiffs, but that only one group of imputations was conveyed in respect of the female plaintiff.

TCN moved for judgment notwithstanding the verdicts pursuant to SCR Pt 34 r 8A. Hulme J upheld the motion in part, and entered judgments in favour of TCN in respect of certain imputations, but refused TCN’s application with respect to the others.

The male plaintiffs sought leave to appeal from the final judgments in favour of TCN. TCN sought leave to cross-appeal from the interlocutory decision refusing to enter judgments in respect of the other imputations.

granting…