-17Judge, holding that it was a case which ought to be left to the jury. It cited Byrne v Deane for the theory that “by knowingly permitting such matter to remain after reasonable opportunity to remove the same the owner of the wall or his lessee is guilty of republication of the libel”, provided that the plaintiff was able to introduce “evidence tending to show that respondents adopted the defamatory matter or republished it”.39 The Court of Appeal held that it was “a question for the jury whether, after knowledge of its existence, respondents negligently allowed the defamatory matter to remain for so long a time as to be chargeable with its republication, occurring when the husband and the group with him visited the rest room and saw the writing.”40 The third case, Urbanchich v Drummoyne Municipal Council, 41 42. contains a helpful analysis by Hunt J of the Supreme Court of New South Wales. It was the trial of a preliminary issue as to “the capacity of the plaintiff’s case [as pleaded] to establish his allegation that the second defendant had published the matter complained of”. The plaintiff was the leader of an extreme right wing group who sued, among others, the Urban Transit Authority (the second defendant) for libel on the basis that posters bearing photographs purporting to show him in the company of Adolf Hitler and of others in Nazi uniforms had been glued onto certain bus shelters controlled by the Authority. His solicitors asked the Authority to remove them but the posters remained in place for at least a month. Relying on Byrne v Deane and Hellar v Bianco, the plaintiff argued that he merely needed to prove notice to the Authority and its failure to comply with his removal request within a reasonable time to establish publication. Hunt J rejected that argument, stating: “In a case where the plaintiff seeks to make the defendant responsible for the publication of someone else's defamatory statement which is physically attached to 39 At 759. 40 At 759-760. 41 (1991) Aust Torts Reports §81-127.