CITATION: The Age Corporation Limited v. Beran [2005] NSWCA 289
HEARING DATE(S): 3 August 2005
JUDGMENT DATE:
26 August 2005JUDGMENT OF: Beazley JA at 1; Hodgson JA at 2; Brownie AJA at 55
DECISION: 1. Leave to appeal granted, Notice of Appeal to be filed within 7 days. 2. Appeal dismissed with costs
CATCHWORDS: DEFAMATION - PRACTICE AND PROCEDURE - Two articles in newspaper - Whether open to plaintiff to plead them separately, or whether they had to be pleaded as one publication - Previous decision against plaintiff in respect of very similar publication in another newspaper - Whether proceedings an abuse of process.
CASES CITED: Beran v. John Fairfax Publications Pty. Limited [2004] NSWCA 107
Burrows v. Knightly (1987) 10 NSWLR 651
Gordon v. Amalgamated Television Services Pty. Limited [1980] 2 NSWLR 410
Haines v. Australian Broadcasting Corporation (1995) 43 NSWLR 404
Harris v. 718932 Pty. Limited (2003) 56 NSWLR 276
Morris v. Wentworth-Stanley [1999] QB 1004
Phelps v. Nationwide News Pty. Limited [2001] NSWSC 130
Reichel v. Magrath (1899) 14 App Cas 665
Rippon v. Chilcotin Pty. Limited (2001) 53 NSWLR 198
Rogers v. The Queen (1994) 181 CLR 251
Ron Hodgson (Trading) Pty. Limited v. Belvedere Motors (Hurstville) Pty. Limited [1971] 1 NSWLR 472
Tsvangarai v. Special Broadcasting Service [2002] NSWSC 532PARTIES: The Age Corporation Limited - claimant
Roy Beran - opponentFILE NUMBER(S): CA 40739/04
COUNSEL: Mr. P.W. Gray SC with Mr. T.M. Thawley for claimant
Mr. R.G. McHugh for the opponentSOLICITORS: Minter Ellison, Sydney for claimant
Corrs Chambers Westgarth, Sydney for opponent
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC8720/02
LOWER COURT JUDICIAL OFFICER: Ashford DCJ
CA 40739/04
DC 8720/02Friday 26 August 2005BEAZLEY JA
HODGSON JA
BROWNIE AJA
1 BEAZLEY JA: I agree with Hodgson JA.
2 HODGSON JA: This application for leave to appeal arises from defamation proceedings in the District Court in which the opponent (the Plaintiff) sued the claimant (the Defendant) in respect of matter published in The Age newspaper of 13 February 2001.
3 On 11 August 2004, Ashford DCJ dealt with part of a Notice of Motion brought by the Defendant, and declined to make orders sought by the Defendant that the Plaintiff be directed to plead as one matter all of the matters presently contained in two separate paragraphs of the Statement of Claim.
4 On 15 December 2004, Ashford DCJ dealt with the balance of the Notice of Motion, by which the Defendant sought orders that certain imputations in the Statement of Claim be struck out or that the proceedings be dismissed or permanently stayed; and the primary judge dismissed the Notice of Motion and ordered the Defendant to pay the Plaintiff’s costs of it.
5 The Defendant seeks leave to appeal from both decisions. The application for leave has been argued on the basis that, if leave is granted, the appeal will be decided without further argument.
CIRCUMSTANCES
6 On 13 February 2001,…
Keep reading for free
Create a free CaseChat account to read The Age Corporation Ltd v Beran 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
- [2005] NSWCA 289
- Decision Date
CaseChat Overview and Summary
The Court of Appeal was required to determine two primary legal issues. Firstly, whether the two articles published by The Age Corporation Ltd should be treated as a single publication or as separate publications for the purposes of the defamation claim. Secondly, the Court had to consider whether the respondent's current defamation proceedings, in light of the previous unsuccessful claim concerning a similar publication, amounted to an abuse of process.
The Court of Appeal ultimately dismissed the appeal. While the specific reasoning for dismissing the appeal is not detailed in the provided text, the outcome indicates that the Court did not find sufficient grounds to overturn the lower court's decision or to agree with the appellant's contention of abuse of process. Leave to appeal was granted, but the appeal itself was dismissed.
Orders
Orders of the court
1. Leave to appeal granted, Notice of Appeal to be filed within 7 days. 2. Appeal dismissed with costs
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.