Keramianakis v Regional Publishers Pty Ltd

The appellant, Mr. Keramianakis, brought a defamation action against the respondent, Regional Publishers Pty Ltd, in the District Court of New South Wales. The dispute concerned articles published by the respondent which the appellant alleged were defamatory. Following a jury trial, the appellant sought to appeal the verdict and judgment against him.

The primary legal issues before the Court of Appeal were whether the jury's answers to certain questions were perverse or unreasonable, and whether the trial judge had erred in his directions to the jury. Additionally, the court considered whether the respondent had adopted or endorsed the defamatory allegations within the published articles, as assessed from the perspective of an ordinary reasonable reader. The court also examined the scope of appeal rights from a civil jury trial in the District Court, specifically in relation to ss 126 and 127 of the *District Court Act 1973* (NSW) and s 75A and Part 7 of the *Supreme Court Act 1970* (NSW). Finally, the court reviewed the trial judge's exercise of discretion in refusing to permit the appellant a right of reply, pursuant to r 29.6 of the *Uniform Civil Procedure Rules 2005* (NSW).

The Court of Appeal found no basis to interfere with the jury's verdict. The judges were not satisfied that the jury's answers were perverse or unreasonable, nor that the trial judge's directions contained errors that warranted a new trial. The court determined that the jury was entitled to find, based on the evidence and the directions given, that the respondent had not adopted or endorsed the defamatory allegations in a manner that would make them liable. The refusal to grant a right of reply was also found to be a proper exercise of the trial judge's discretion.

The appeal was dismissed, and no order was made as to costs.