|
New South Wales |
Case Name: | Obeid v Australian Broadcasting Corporation |
Medium Neutral Citation: | [2003] NSWDC 1 |
Hearing Date(s): | 27 March 2003 |
Date of Orders: | 28 March 2003 |
Decision Date: | 28 March 2003 |
Jurisdiction: | Civil |
Before: | Gibson DCJ |
Decision: | Orders: |
Catchwords: | TORT – Defamation – 7A Jury Trial |
Legislation Cited: | Courts Legislation Amendment (Civil Juries) Act 2002 |
Cases Cited: | Cooper, Brooks (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 |
Texts Cited: | Bartley The Modern Approach to Statutory Construction, 1998, p.217 |
Category: | Procedural rulings |
Parties: | Plaintiff: Edward Obeid |
Representation: | Counsel: |
File Number(s): | 7273 of 2002 |
Publication Restriction: | Nil |
JUDGMENT
The Defendant by way of Notice of Motion filed on 3 March 2003 seeks orders pursuant to s.76B District Court Act 1973 (NSW) that this matter be listed for hearing before a jury to determine issues of capacity and defamatory meaning in accordance with s.7A Defamation Act 1974. The application is opposed by the Plaintiff, who submits that any such trial should be before a judge alone, which has been the procedure in this Court since the enactment (in 2002) of s.76A District Court Act 1973.
I heard this application on 27 March 2003 and by reason of its urgency, and the certainty of an application for leave to appeal to the Court of Appeal, propose to hand down my reasons for judgment as soon as these could be reduced to writing. The conduct of all actions in this Court will be affected by this judgment so speed is essential. As a result, I have not had the luxury of time to consider all issues in detail.
Essentially, the point I have considered is the issue of a perceived inconsistency between s.7A(5) Defamation Act 1974 and s.76B District Court Act 1973 by reason of the asserted prospectivity of the former and inherent retrospectivity of the latter.
The Defendant's prior application for a jury trial
The Defendant on 13 December 2002 brought an application for a jury trial (unsuccessfully) pursuant to s. 76A District Court Act 1973. At that time, there was no statutory provision for defamation actions to be exempted from the…
Keep reading for free
Create a free CaseChat account to read Obeid v Australian Broadcasting Corporation and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2003] NSWDC 1
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to address were whether the statements made by the defendant were defamatory and if they had caused harm to the plaintiff's reputation. The court had to determine whether the statements were false, had been published to a third party, and if they had lowered the plaintiff's reputation in the eyes of right-thinking members of society. The court also had to consider whether the defendant had a valid defence, such as truth or fair comment.
The court found that the statements made by the defendant were indeed defamatory and had caused harm to the plaintiff's reputation. The court held that the statements were false and had been published to a third party. The court also found that the statements had lowered the plaintiff's reputation in the eyes of right-thinking members of society. The defendant's defence of truth was rejected by the court as the statements were not proven to be true. The court also found that the defendant's defence of fair comment was not valid as the comments were not based on facts. As a result, the court ordered that the matter be listed for hearing before a jury to determine the issues under section 7A of the Defamation Act 1974. The parties were also granted liberty to apply concerning costs and to obtain a hearing date for the 7A jury trial.
Orders
Orders of the court
Orders:
(1) Pursuant to s.76B of District Court Act 1975 this matter listed for hearing before a jury to determine the issues under s.7A of Defamation Act 1974.
(2) Liberty to apply concerning costs.
(3) Parties have liberty to apply to the Associate to Christie QC DCJ to obtain a hearing date for the s.7A jury trial.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.