JOHN FAIRFAX GROUP PTY LTD AND ANOR v WILLIAMS AND ORS [1992] NSWCA 120

JOHN FAIRFAX GROUP PTY LTD AND ANOR v WILLIAMS AND ORS [1992] NSWCA 120

Leave to appeal was refused as it was untimely; the matter should be addressed, if needed, after the full trial, once all facts have been established. Interlocutory appeals at this stage would lead to unnecessary multiplicity of proceedings and increased costs, particularly problematic in defamation cases.

Parties
Claimant: John Fairfax Group Pty Ltd and Anor; Opponent: Williams and Ors
Jurisdiction
Australia
Judgment Date
04 February 1992
Procedural Posture
Appeal (summons for Leave to Appeal) / Interlocutory Hearing Before Trial
Outcome
Summons dismissed with costs.
Legal Topics
Leave to Appeal, Interlocutory Proceedings, Re Publication of Defamatory Material, Strike Out Application
Practice and Procedure Defamation Leave to Appeal Interlocutory Proceedings Re Publication of Defamatory Material Strike Out Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

John Fairfax Group Pty Ltd and Anor

Claimant

Williams and Ors

Opponent

Procedural Posture

Appeal (summons for Leave to Appeal) / Interlocutory Hearing Before Trial

Legal Issues

  1. 1 Whether the Court should grant leave to appeal the refusal to strike out paragraphs regarding re-publication of defamatory matter
  2. 2 Whether application for leave to appeal was timely
  3. 3 Whether it is appropriate to consider the issue of 'natural and probable consequence' of re-publication at this stage

Ratio Decidendi

Leave to appeal was refused as it was untimely; the matter should be addressed, if needed, after the full trial, once all facts have been established. Interlocutory appeals at this stage would lead to unnecessary multiplicity of proceedings and increased costs, particularly problematic in defamation cases.

Court Disposition

Summons dismissed with costs.

Orders

  • Summons dismissed with costs.