Perverse jury verdicts in New South Wales defamation trials

Abstract

The New South Wales Court of Appeal has recently set aside a series of jury verdicts in defamation trials on the basis of perversity. Rather than being attributable solely to 'perverse' juries, these cases indicate the need for greater appellate deference towards jury verdicts. More importantly, they highlight the essential artificiality of the jury's task in New South Wales defamation trials. The inherent tensions in the concept of the 'ordinary, reasonable reader' are magnified in the trial procedure under the Defamation Act 1974 (NSW) s 7A, making the task of the jury difficult. In the absence of the abolition of the jury in defamation trials in New South Wales, the restoration of an appropriate level of appellate deference and reforms to defamation trial procedure are required.