Lord Thankerton.-

The appellants seek to have a new trial in an action for libel tried in the Supreme Court of New South Wales before Halse Rogers, J., and a jury, in which a verdict was given in the respondent's favour for £3,000 damages on 16th September 1930. The Full Court of the Supreme Court of New South Wales, on 6th November 1930, declined to set aside the verdict, and the present appeal is taken against that judgment. The libel was said to be contained in an article published by the appellants in the issue of their newspaper “Truth'' of 3rd March 1929,.which referred to an action heard on 28th February and 1st March 1929, in which the respondent was plaintiff and one Verrender was defendant in the Small Debts Court in Sydney before Judge Camphin.

The issues submitted to the jury in the present action stated the damages claimed as £5,000 and the appellants' pleas in defence as (1) a general plea of not guilty, and (2) the statutory plea of publication in good faith for the information of the public of a fair and accurate report of the public proceedings of a Court of Justice (Defamation Act, No. 32 of 1912, S. 29). It may be noted that truth is by itself no defence to an acti