Trantum v McDowell

Case [2007] NSWCA 138



New South Wales


Court of Appeal


CITATION: Trantum v McDowell [2007] NSWCA 138
HEARING DATE(S): 20 April 2007
 
JUDGMENT DATE: 

15 June 2007
JUDGMENT OF: Beazley JA at 1; Tobias JA at 2; Bell J at 63
DECISION: (a) Leave to appeal granted upon condition that the claimant files his draft Notice of Appeal dated 19 July 2006 within seven days; (b) Appeal dismissed; (c) The claimant to pay the opponent’s costs of the summons for leave to appeal and of the appeal
CATCHWORDS: DEFAMATION - Publication – Generally – Republication – Where defamatory matter signed by recipients who then republish jointly with original author
LEGISLATION CITED: Defamation Act 1974
Strata Schemes Management Act 1996
CASES CITED: Davis v Resources for Human Development Inc 770 A.2d 353 (2001)
Dow Jones & Co Inc v Gutrick (2002) 210 CLR 575; [2002] HCA 56
Harbison v Chicago R.I & P Ry Co 37 S.W 2d 609 (1931)
Kyle Sandilands v Channel Seven Sydney Pty Ltd [2005] NSWSC 1250
Marble v Chapin 132 Mass. 225 (1882)
Ritz Hotel Ltd v Charles of the Ritz Ltd (1988) ALR 217
Webb v Bloch (1928) 41 CLR 431
Willcocks v Howell (1885) 8 OR 576
PARTIES: Warwick Trantum
Darryl Wayne McDowell
FILE NUMBER(S): CA 40259/06
COUNSEL: Cl: S M L Littlemore QC / S T Chrysanthou
Opp: K P Smark
SOLICITORS: Cl: Carroll and Associates, Sydney
Opp: Larcombe Legal, Mona Vale
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 3706/03
LOWER COURT JUDICIAL OFFICER: Gibson DCJ
LOWER COURT DATE OF DECISION: 7 September 2004



                            CA 40259/2006

                            BEAZLEY JA
                            TOBIAS JA
                            BELL J

                            Friday 15 June 2007
TRANTUM v McDOWELL

FACTS

The claimant and opponent were both owners of units within the same apartment complex. The opponent was the Chairperson of the Executive Committee of the Owners Corporation of the Strata Plan for the complex.

The claimant wrote a letter making allegations against the opponent which were found to be defamatory. The claimant was found to have taken the letter to the owner/occupiers of other units within the apartment complex, several of whom signed it. The letter and signatures were then presented to the Executive Committee.

The primary judge found that the signatories were also recipients and awarded $50,000 in damages.

HELD, granting leave and dismissing the appeal:

1. There were two publications. The first was the publication of the letter by the claimant to each of the signatories. The second was its republication by all the signatories (including the claimant) to the Executive Committee. The fact that on its republication the signatories became joint tortfeasors with the claimant was irrelevant to its initial publication by the claimant to those who signed it.

Applied: Dow Jones & Co Inc v Gutrick (2002) 210 CLR 575; [2002] HCA 56; Sandilands v Channel Seven Sydney Pty Ltd [2005] NSWSC 1250

Distinguished: Davis v Resources for Human Development Inc 770 A.2d 353 (2001)



                            CA 40259/2006

                            BEAZLEY JA
                            TOBIAS JA
                            BELL J

                            Friday 15 June 2007

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AGLC
Trantum v McDowell [2007] NSWCA 138
Case
[2007] NSWCA 138
Decision Date

CaseChat Overview and Summary

The New South Wales Court of Appeal considered an appeal in a defamation proceeding between Trantum (the claimant) and McDowell (the opponent). The dispute concerned the republication of defamatory material.

The central legal issue before the Court of Appeal was whether the recipients of a defamatory document, who signed it and then republished it jointly with the original author, could be considered to have republished the defamatory matter.

The Court of Appeal determined that the act of signing the document by the recipients, followed by its joint republication with the author, constituted a republication of the defamatory material. This reasoning was based on established principles of defamation law concerning the dissemination of defamatory statements. The Court granted leave to appeal on the condition that the claimant file a draft Notice of Appeal within seven days. However, the appeal was ultimately dismissed, and the claimant was ordered to pay the opponent's costs of the summons for leave to appeal and of the appeal.

Orders

Orders of the court

(a) Leave to appeal granted upon condition that the claimant files his draft Notice of Appeal dated 19 July 2006 within seven days;

(b) Appeal dismissed;

(c) The claimant to pay the opponent's costs of the summons for leave to appeal and of the appeal

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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