JOHN FAIRFAX GROUP PTY LTD AND ANOR v WILLIAMS AND ORS [1992] NSWCA 119

JOHN FAIRFAX GROUP PTY LTD AND ANOR v WILLIAMS AND ORS [1992] NSWCA 119

The grant of leave to appeal was not timely. The matter should proceed to trial, and any challenge should be brought as of right after the jury's verdict if still needed. Premature interlocutory appeals in defamation cases should be discouraged to minimise unnecessary hearings and costs.

Parties
Claimant: John Fairfax Group Pty Ltd; Opponent: Williams
Jurisdiction
Australia
Judgment Date
04 February 1992
Procedural Posture
Civil / Application for Leave to Appeal (interlocutory)
Outcome
Summons dismissed with costs.
Legal Topics
Leave to Appeal, Interlocutory Proceedings, Defamation Liability for Republication
Practice and Procedure Defamation Leave to Appeal Interlocutory Proceedings Defamation Liability for Republication

Case Brief

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Parties

John Fairfax Group Pty Ltd

Claimant

Williams

Opponent

Procedural Posture

Civil / Application for Leave to Appeal (interlocutory)

Legal Issues

  1. 1 Whether it was timely to grant leave to appeal from interlocutory defamation orders relating to republication
  2. 2 Whether the correct test is applied to assess liability for republication as a natural and probable consequence of the original publication

Ratio Decidendi

The grant of leave to appeal was not timely. The matter should proceed to trial, and any challenge should be brought as of right after the jury's verdict if still needed. Premature interlocutory appeals in defamation cases should be discouraged to minimise unnecessary hearings and costs.

Court Disposition

Summons dismissed with costs.

Orders

  • The summons is dismissed with costs.