BUTTON v LONDON and ANOR [1991] NSWCA 38

BUTTON v LONDON and ANOR [1991] NSWCA 38

The Court allowed the claimant’s application to amend the notice of appeal to add new grounds, notwithstanding the lateness and delay, on terms that the claimant pay the costs occasioned by the amendment and adjournment, and that the merits of the new grounds could be determined following full argument at the hearing.

Parties
Claimant: Peter Button; Opponent: Colin London; Opponent: Shirley Jean London
Jurisdiction
Australia
Judgment Date
01 May 1991
Procedural Posture
Appeal / Interlocutory Application for Leave to Amend Notice of Appeal
Outcome
Application to enlarge/amend grounds of appeal allowed on terms; appeal adjourned.
Legal Topics
Amendment of Grounds of Appeal, Identification in Defamation, Requirement to Give Reasons, Imputations and Defences in Defamation, Costs
Practice and Procedure Defamation Amendment of Grounds of Appeal Identification in Defamation Requirement to Give Reasons Imputations and Defences in Defamation Costs

Case Brief

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Parties

Peter Button

Claimant

Colin London

Opponent

Shirley Jean London

Opponent

Procedural Posture

Appeal / Interlocutory Application for Leave to Amend Notice of Appeal

Legal Issues

  1. 1 Whether the claimant should be permitted to enlarge the grounds of appeal at a late stage
  2. 2 Whether failure to identify plaintiffs by name in the defamatory matter precludes recovery
  3. 3 Whether the trial judge failed to provide reasons as required

Ratio Decidendi

The Court allowed the claimant’s application to amend the notice of appeal to add new grounds, notwithstanding the lateness and delay, on terms that the claimant pay the costs occasioned by the amendment and adjournment, and that the merits of the new grounds could be determined following full argument at the hearing.

Court Disposition

Application to enlarge/amend grounds of appeal allowed on terms; appeal adjourned.

Orders

  • Leave granted to file amended notice of appeal as tendered today.
  • Hearing of appeal adjourned to be fixed by Registrar.