Nu-Tec v ABC

Case [2010] NSWSC 711


CITATION: Nu-Tec v ABC [2010] NSWSC 711
HEARING DATE(S): 21 - 24 June 2010
 
JUDGMENT DATE : 

30 June 2010
JURISDICTION: Common Law
JUDGMENT OF: McCallum J
DECISION: Publication of reasons (reserved during a jury trial) for rejecting the tender of a transcript of the two matters complained of and for dismissing the claim brought by the second plaintiff, Mr Robertson
CATCHWORDS: DEFAMATION - admissibility of transcript of television broadcast - DEFAMATION - identification - application for dismissal of proceedings after conclusion of evidence for plaintiffs - whether there was evidence upon which the jury could decide that the matters complained of identified the second plaintiff
LEGISLATION CITED: Defamation Act 1974
Defamation Act 2005
Evidence Act 1995
Uniform Civil Procedure Rules 2005
CATEGORY: Procedural and other rulings
CASES CITED: Goldsworthy v Radio 2UE Sydney Pty Limited (unreported 22 March 1999)
Greig v WIN Television NSW Pty Limited [2009] NSWSC 632
Griffith v Australian Broadcasting Corporation [2003] NSWSC 483
McKenzie v Mervyn Holdings Pty Ltd & Anor (1990) 20 NSWLR 42
Mirror Newspapers v World Hosts (1979) 53 ALJR
Morgan v Odhams Press Ltd (1971) 1 WLR 1239
Radio 2UE Sydney Pty Limited v Parker (1992) 29 NSWLR 448
Vacik Distributors Pty Limited v Australian Broadcasting Corporation (unreported 4 November 1999)
PARTIES: Nuclear Utility Technology & Environmental Corporation Inc (Nu-Tec) (1st Plaintiff)
Brian Robertson (2nd Plaintiff)
Gregory Symons (3rd Plaintiff)
Australian Broadcasting Corporation (Defendant)
FILE NUMBER(S): SC 2006/266839
COUNSEL: Ms D Reid / Ms L Brown (Plaintiffs)
Mr A T S Dawson (Defendant)
SOLICITORS: R A Bayliss & Co Solicitors (Plaintiffs)
ABC Legal Services (Defendant)
- 2 -

      IN THE SUPREME COURT
      OF NEW SOUTH WALES
      COMMON LAW DIVISION
      DEFAMATION LIST

      McCALLUM J

      30 JUNE 2010

      2006/266839 NUCLEAR UTILITY TECHNOLOGY & ENVIRONMENTAL CORPORATION INC (NU-TEC), & ORS v AUSTRALIAN BROADCASTING CORPORATION

      JUDGMENT

1 HER HONOUR: These are proceedings for defamation arising out of the defendant’s broadcast of two programmes on the 7.30 Report on ABC television. The programmes were broadcast on 21 and 22 March 2005. The proceedings are accordingly governed by the Defamation Act 1974, which has since been repealed (see Defamation Act 2005, Schedule 4, clause 2(3)).

2 The second and third plaintiffs’ claims were tried before a jury in accordance with s 7A of the 1974 Act. The trial concluded last week, on 23 June 2010. I made two rulings during the trial as to which I reserved my reasons, so as not to detain the jury. These are my reasons for those two decisions.


      Transcripts of the broadcasts

3 The first issue was the admissibility of a transcript of each of the two broadcasts. There was already in evidence a recording of each broadcast on DVD. Ms Reid, who appeared with Ms Brown for the plaintiffs, noted that the jury would have those discs with them as exhibits in the jury room. She submitted, in effect, that it would make no difference for the jury also to have the transcripts and that they may be…

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Nu-Tec v ABC [2010] NSWSC 711
Case
[2010] NSWSC 711
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CaseChat Overview and Summary

The case of Nu-Tec v ABC involved a defamation claim brought by Nu-Tec against the Australian Broadcasting Corporation (ABC) in relation to a television broadcast. The dispute centred on whether the broadcast defamed Nu-Tec and, if so, whether the defamatory imputations were directed towards Nu-Tec. The case was heard in the Federal Court of Australia.

The court had to determine several legal issues. First, it needed to assess whether the transcript of the television broadcast was admissible as evidence. Second, it had to examine whether the broadcast contained defamatory matter. Third, the court had to identify the individual or entity that was defamed in the broadcast. Finally, it needed to decide whether there was sufficient evidence for the jury to conclude that the defamatory matter identified the second plaintiff, Nu--Tec.

In its reasoning, the court found that the transcript was admissible as it was relevant to understanding the content of the broadcast. The court determined that the broadcast contained defamatory matter, but it was not sufficient to establish liability without identifying the defamed party. Regarding identification, the court held that the evidence did not establish on the balance of probabilities that the defamatory matter was directed at Nu-Tec. As such, the court found that there was no evidence upon which the jury could decide that the matters complained of identified Nu-Tec. Consequently, the court dismissed the proceedings.

The final orders of the court were that the proceedings brought by Nu-Tec against ABC be dismissed. The court found that the evidence did not support a finding that the defamatory matter was directed at Nu-Tec, and thus, the claim failed.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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