Arthur Harris v 718932

[2003] NSWCA 38

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Publication
3. › Republication
4. › Reprints of book as distinct republication
5. › Whether action for reprints barred by prior judgment for first print
6. › Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(1)(b)
1. Defamation
2. › Publication
3. › Multiple causes of action rule
4. › Separate cause of action for each copy delivered to reader
5. › Duke of Brunswick v Harmer
6. › Application to books published over extended period
1. Tort
2. › Joint and concurrent tortfeasors
3. › Successive tortfeasors
4. › Whether publishers of reprints are joint or concurrent tortfeasors with publishers of first print
5. › Separate acts causing separate damage
6. › Law Reform (Miscellaneous Provisions) Act 1946 (NSW), s 5(1)
1. Practice and Procedure
2. › Res judicata
3. › Judgment for publication of libel
4. › Whether bars action for distinct republication of same libel

Quick Take

A judgment recovered for the first print of a defamatory publication does not bar a subsequent action for reprints against different defendants, because reprints constitute distinct republications causing separate damage, and the publishers of reprints are successive tortfeasors, not joint or concurrent tortfeasors within s 5(1) of the Law Reform (Miscellaneous Provisions) Act 1946. The cumulative remedies principle applies, permitting successive actions for successive publications.