Kang v Australian Broadcasting Corporation [2015] NSWCA 375

Kang v Australian Broadcasting Corporation [2015] NSWCA 375

No sufficient basis identified to raise reasonable prospects that an appeal against the discretionary interlocutory decision to dismiss the proceedings would have reasonable prospects of success; fresh evidence would not have affected the outcome; application for leave to appeal dismissed.

Jurisdiction
Australia
Judgment Date
25 November 2015
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision on Application for Leave to Appeal
Outcome
Summons seeking leave to appeal dismissed.
Legal Topics
['appeal' 'dismissal of Proceedings' 'defamation' 'application for Fresh Evidence' 'exercise of Discretion']
['civil Procedure'] ['appeal' 'dismissal of Proceedings' 'defamation' 'application for Fresh Evidence' 'exercise of Discretion']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision on Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the dismissal of defamation proceedings' 'Whether proposed fresh evidence could have affected the outcome' 'Whether there was error in the judge’s findings regarding solicitor conduct and evidence' 'Whether an issue of principle arose under s 61 Civil Procedure Act 2005 (NSW)']

Ratio Decidendi

No sufficient basis identified to raise reasonable prospects that an appeal against the discretionary interlocutory decision to dismiss the proceedings would have reasonable prospects of success; fresh evidence would not have affected the outcome; application for leave to appeal dismissed.

Court Disposition

Summons seeking leave to appeal dismissed.

Orders

  • ['Dismiss the summons filed on 3 September 2015 seeking leave to appeal.' "Order the applicants to pay the respondents' costs of the application."]