Stanton v Fell [2014] NSWCA 44

Stanton v Fell [2014] NSWCA 44

The matter did not raise issues of principle or general public importance, nor rise above mere arguability or establish a real risk of injustice; accordingly, leave to appeal was refused.

Parties
Applicant: Arthur Peter Stanton; Respondent: Gary Fell
Jurisdiction
Australia
Judgment Date
07 March 2014
Procedural Posture
Application for Leave to Appeal / Application Dismissed
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Leave to Appeal, Damages, Defamation
Practice and Procedure Leave to Appeal Damages Defamation

Case Brief

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Parties

Arthur Peter Stanton

Applicant

Gary Fell

Respondent

Procedural Posture

Application for Leave to Appeal / Application Dismissed

Legal Issues

  1. 1 Whether leave to appeal should be granted in a defamation case involving less than $100,000
  2. 2 Whether the primary judge erred in holding the email did not convey the imputations alleged
  3. 3 Whether alternative defences to defamation were made out

Ratio Decidendi

The matter did not raise issues of principle or general public importance, nor rise above mere arguability or establish a real risk of injustice; accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.