Un v Chow [2018] NSWCA 287

Un v Chow [2018] NSWCA 287

Appellant did not establish any appellable error in the factual findings or legal reasoning of the primary judge, particularly given that truth was not pleaded and the evidence established indiscriminate publication. Defences of qualified privilege were not made out; appeal dismissed with costs.

Jurisdiction
Australia
Judgment Date
28 November 2018
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['imputations' 'qualified Privilege' 'publication' 'mitigation of Damages']
['defamation'] ['imputations' 'qualified Privilege' 'publication' 'mitigation of Damages']

Case Brief

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Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether the pamphlet was distributed by the appellant to persons other than the first respondent' 'Whether the imputations arose from the document' 'Whether defences of common law and statutory qualified privilege were made out' 'Whether a partial defence of mitigation was made out']

Ratio Decidendi

Appellant did not establish any appellable error in the factual findings or legal reasoning of the primary judge, particularly given that truth was not pleaded and the evidence established indiscriminate publication. Defences of qualified privilege were not made out; appeal dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Leave to appeal against the second respondent (to the extent necessary) granted' 'Appeal dismissed with costs']