Trantum v McDowell

[2007] NSWCA 138

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Publication
3. › Republication
4. › Whether defamatory matter published to persons who subsequently signed it and became joint tortfeasors on republication
5. › Whether signing constituted adoption retrospectively undoing initial publication
6. › Whether signatories were third parties to whom publication was made
1. Defamation
2. › Publication
3. › Each communication constitutes separate tort
4. › Two publications identified
5. › Initial publication to signatories and republication to Executive Committee
1. Defamation
2. › Damages
3. › Assessment
4. › Limited publication
5. › Aggravated compensatory damages
6. › Whether award of $50,000 excessive
1. Evidence
2. › Hearsay
3. › Whether hearsay answer infected subsequent direct evidence of personal observation

Quick Take

Where the author of a defamatory document shows it to persons who read it and then sign it before it is sent to its addressees, there are two separate publications: the initial showing to the signatories and the subsequent sending to the addressees. The signatories' later adoption of the document as joint tortfeasors does not retrospectively undo the initial publication to them. Publication is complete upon comprehension by the third party and cannot be undone by subsequent events.