Keramianakis v Regional Publishers Pty Ltd

HIGH COURT OF AUSTRALIAFRENCH CJGUMMOW, HAYNE, HEYDON, CRENNAN, KIEFEL AND BELL JJCONSTANTINE KERAMIANAKIS  APPELLANTANDREGIONAL PUBLISHERS PTY LTD   RESPONDENTKeramianakis v Regional Publishers Pty Ltd[2009] HCA 1829 April 2009S311/2008ORDER1.        Appeal allowed with costs.2.        Cross-appeal dismissed.3.Set aside the orders of the New South Wales Court of Appeal of 21 December 2007.4.In place thereof order that:(a)first appellant's appeal be allowed with costs;(b)Order 1 and the second sentence of Order 3 of the orders made by the trial judge on 7 August 2006 be set aside; and(c)there be a new trial in relation to the imputations set out in paragraphs (b) and (c) of paragraph 13 of the third amended statement of claim, limited to the issues of whether those imputations are carried by the newspaper article and are defamatory.On appeal from the Supreme Court of New South WalesRepresentationG O'L Reynolds SC with A A Henskens and R J Anderson for the appellant (instructed by Pryor Tzannes & Wallis)J S Wheelhouse SC with M F Richardson for the respondent (instructed by Johnson Winter & Slattery)S J Gageler SC, Solicitor-General of the Commonwealth with G M Aitken intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSKeramianakis v Regional Publishers Pty LtdPractice and procedure – Appeals – Availability of appeal where trial in District Court of New South Wales conducted with jury – Where trial judge entered "verdict" for defendant following...