Defamation Act 1974 No 18
Repealed version for 10 October 2005 to 31 December 2005 (accessed 25 May 2013 at 04:23)
9 Causes of action
(1) Where a person publishes any report, article, letter, note,
picture, oral utterance or other thing, by means of which or by means of any
part of which, and its publication, the publisher makes an imputation
defamatory of another person, whether by innuendo or otherwise, then for the
purposes of this section:(a) that report, article, letter, note, picture, oral utterance or
thing is a matter,
and
(b) the imputation is made by means of the publication of that
matter.
(2) Where a person publishes any matter to any recipient and by means
of that publication makes an imputation defamatory of another person, the
person defamed has, in respect of that imputation, a cause of action against
the publisher for the publication of that matter to that recipient:(a) in addition to any cause of action which the person defamed may
have against the publisher for the publication of that matter to that
recipient in respect of any other defamatory imputation made by means of that
publication, and
(b) in addition to any cause of action which the person defamed may
have against that publisher for any publication of that matter to any other
recipient.
(3) Where a person has brought proceedings (whether in New South Wales
or elsewhere) for defamation against any person in respect of the publication
of any matter, that person shall not bring further proceedings for defamation
against the same defendant in respect of the same or any other publication of
the same or like matter, except with the leave of the court in which the
further proceedings are to be brought.
(4) Rules of court may prohibit or regulate the reliance by a
plaintiff in proceedings for defamation on several imputations alleged to be
made by means of the same matter published by the defendant, where the several
imputations do not differ in substance.
(5) Notwithstanding subsection (2), where proceedings for defamation
in respect of the publication of any matter are tried before a jury, the jury
shall, unless the court otherwise directs:(a) give a single verdict in respect of all the causes of action on
which the plaintiff relies.
(b) (Repealed)
(5A) Notwithstanding subsection (2), if the court or the jury (if any)
finds for the plaintiff as to more than one cause of action in the same
proceedings for defamation, the court may assess damages in a single
sum.
(6) This section does not affect:(a) any law or practice relating to special verdicts,
or
(b) the powers of any court in case of vexatious proceedings or abuse
of process.