Nationwide News Pty Ltd v Warton

Nationwide News Pty Ltd appealed to the New South Wales Court of Appeal against a jury verdict in favour of the respondent, Mr Warton, in a defamation proceeding. The dispute concerned a newspaper article published by Nationwide News which Mr Warton alleged carried defamatory imputations concerning him.

The Court of Appeal was required to determine whether the imputations found by the jury were open to be found on the material before them, and whether the appeal required leave or lay as of right.

The Court held that the appeal did not lie as of right, and therefore leave to appeal was required. It further found that the imputations identified by the jury were not open to be found on the material before them, and that the jury's verdict was therefore not sustainable. The Court considered the principles of defamation law, including the meaning of words and the role of the jury in determining imputations.

The Court of Appeal ordered that leave to appeal be granted, that the appeal be upheld, and that the jury's verdict be set aside. The Court remitted the matter for a new trial on the issue of damages.