Whittington v Newman [2024] NSWCA 27

There was no substantial injustice, no issue of principle or general public importance, and the requirements of concerns notice and serious harm were sufficiently addressed in the pleading; leave to appeal should be refused.

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 16 February 2024
Procedural Posture: Defamation / Interlocutory Application for Leave to Appeal Against Order Granting Leave to Amend
Outcome: Summons seeking leave to appeal dismissed with costs.
Legal Topics: ['leave to Amend Pleadings' 'serious Harm Element' 'concerns Notice' 'adequacy of Particulars' 'internet Publication' 'procedural Fairness']

['defamation'] ['leave to Amend Pleadings' 'serious Harm Element' 'concerns Notice' 'adequacy of Particulars' 'internet Publication' 'procedural Fairness']

Source-derived case record

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Procedural Posture

Defamation / Interlocutory Application for Leave to Appeal Against Order Granting Leave to Amend

Legal Issues

1 ['operation of concerns notice under s 12B to matters introduced by amendment' 'whether sufficient particulars of serious harm to reputation provided' 'whether sufficient particulars of publication provided' 'application of serious harm threshold in s 10A to new publications in amended pleadings' 'significance of claims of denial of procedural fairness']

Ratio Decidendi

Court Disposition

Summons seeking leave to appeal dismissed with costs.

Orders

['Summons seeking leave to appeal dismissed.' 'Applicant to pay costs.']

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