Sarma v The Federal Capital Press of Australia Pty Ltd

[2002] NSWCA 93

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Libel
3. › Published review of dance performance
4. › Jury trial under s 7A
5. › Jury finds imputation established but not defamatory
6. › Whether finding of jury perverse
7. › Defamation Act 1974 (NSW), s 7A
1. Defamation
2. › Defamatory meaning
3. › Imputation of incompetence
4. › Whether imputation injures reputation in profession or calling
5. › Whether evidence required that plaintiff was professional
6. › Distinction between professional and amateur
1. Appeal
2. › Appeal from jury verdict
3. › Standard for setting aside jury verdict
4. › Perversity
5. › Whether verdict so unreasonable as to amount to miscarriage of justice

Quick Take

A jury finding that an imputation of incompetence as a dancer is not defamatory is not perverse where there is no evidence the plaintiff was a professional dancer and the imputation does not expressly refer to any professional capacity. The defamatory quality of such an imputation depends on general community attitudes, which are peculiarly within the province of the jury.