Nationwide News Pty Ltd v Aitken

Nationwide News Pty Ltd (the defendant) sought leave to appeal against a judgment of the Supreme Court of New South Wales in favour of Mr Aitken (the plaintiff) in a defamation proceeding. The dispute concerned allegations of defamation arising from publications made by the defendant.

The central legal issues before the Court of Appeal were whether the trial judge erred in refusing to discharge the jury at the close of the plaintiff's counsel's address, whether the jury had been misled by counsel regarding the defendant's intentions and the truth or falsity of the assertions made, whether the jury's answers were unanimous, and whether the trial judge should have questioned the foreperson. These issues collectively raised the question of whether a miscarriage of justice had occurred.

The Court of Appeal considered the submissions of both parties and reviewed the conduct of the trial. It was held that the jury had not been misled in a manner that would necessitate their discharge. The court found that the jury's answers were indeed unanimous and that there was no basis for the trial judge to have questioned the foreperson. Consequently, the court concluded that no miscarriage of justice had occurred.

The application for leave to appeal was refused with costs.