Packer v ABC and 3 Ors
[2001] NSWSC 22
•31 January 2001
CITATION: Packer v ABC & 3 Ors [2001] NSWSC 22 CURRENT JURISDICTION: Common Law FILE NUMBER(S): SC 20350 of 1997 HEARING DATE(S): 29-31 January 2001 JUDGMENT DATE:
31 January 2001PARTIES :
KERRY FRANCIS BULLMORE PACKER
(Plaintiff)v
AUSTRALIAN BROADCASTING CORPORATION
(First Defendant)SALLY NEIGHBOUR
(Second Defendant)JOHN BUDD
MARK MALEY
(Third Defendant)
(Fouth Defendant)JUDGMENT OF: Levine J
COUNSEL : B McClintock S.C.
T Tobin Q.C.
M Richardson
(Plaintiff)
J Gibson
(Defendants)SOLICITORS: Gilbert & Tobin
Australian Broadcasting Corporation
(Plaintiff)
(Defendants)CATCHWORDS: Directions to jury CASES CITED: Hepburn v TCN Channel Nine Pty Limited [1993] 2 NSWLR 664 DECISION: See paragraph 4
DLJT: 2
(Ex Tempore - Revised)
[2001] NSWSC 22
THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION
DEFAMATION LIST
No. 20350 of 1997
JUSTICE DAVID LEVINE
WEDNESDAY 31 JANARY 2001
KERRY FRANCIS BULLMORE PACKER
(Plaintiff)
v
Australian Broadcasting Corporation
(First Defendant)
JOHN BUDDSALLY NEIGHBOUR
(Second Defendant)
(Third Defendant)
(Fourth Defendant)
JUDGMENT (Directions to jury)
1 HIS HONOUR: In this part 7A trial, which at its commencement had the hallmarks of being one of remarkable simplicity in terms of the traditional function of the jury and the nature of the directions to be given to them and the kinds of submissions to be made, matters arose yesterday that led to an unsuccessful application to have the jury discharged. This has resulted, this morning, in the provision to me of document which will be marked and kept with the papers, MFI2, from Mr McClintock setting out directions he seeks, and a document which will be marked MFI3 and kept with the papers, setting out the defendants' position in relation to matters that were called into question in the context of Mr Tobin’s address to the jury upon.
2 I do not propose in the light of both documents to rule in detail on this application for directions, but I can say that nowhere in my summing-up will I use the language of or run the risk of reflecting what his Honour meant, namely, that contained in the extract from Mr Justice Hunt in the Hepburn v TCN Channel Nine Pty Limited [1993] 2 NSWLR 664 at 667C.
3 Next, I reject the submission for the defendants that any notion of social or community values has any relevance to the task to be performed by the jury, a fortiori when the defendants have made no submission that, in the event of the jury finding the imputations carried, they not are defamatory.
4 I propose to deliver my summing-up to the jury, at the end of which, in accordance with usual practice, counsel can seek further directions and can seek that I correct any misconstruction of their submissions to the jury and the like. Some of the matters set out in MFI 2 will be touched upon by me. Some of the matters in MFI 3 will be touched upon, but they will be dealt with by me in my way - a way which I trust will not lead to the fact of or the perception of any injustice.
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