Nationwide News Pty Ltd v Heggie

Nationwide News Pty Ltd appealed to the Court of Appeal of New South Wales against a decision of a trial judge who had discharged the jury in defamation proceedings brought by Mr Heggie. The dispute concerned imputations published by Nationwide News and the publisher's intention.

The central legal issue before the Court of Appeal was whether the trial judge had erred in the exercise of their discretion by discharging the jury. This question arose from the conduct of counsel during their address to the jury, specifically in relation to submissions made about the truth of the alleged imputations and the publisher's intention.

The Court of Appeal considered whether the submissions made by counsel constituted an error of such a nature that it justified the discharge of the jury. The judges analysed the nature of the address and its potential impact on the jury's ability to reach a fair verdict, applying principles relating to the proper exercise of judicial discretion in managing trials. The appeal was ultimately dismissed.