Palmer Bruyn & Parker Pty Ltd v Parsons [2000] NSWCA 53

Palmer Bruyn & Parker Pty Ltd v Parsons [2000] NSWCA 53

The appeal was dismissed because the court found no causal link between the defendant's publication of the impugned letter and the plaintiff's loss of the McDonald's contract; actual damage resulted only from publication in the Newcastle Herald, which was not a natural and probable consequence of the defendant's conduct nor sufficiently similar to the original publication to impose liability.

Jurisdiction
Australia
Judgment Date
29 March 2000
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
['injurious Falsehood' 'causation' 'malice' 'republication' 'remoteness of Damage']
['tort Law'] ['injurious Falsehood' 'causation' 'malice' 'republication' 'remoteness of Damage']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 ['Whether the publication of false and malicious material resulted in actual damage to the plaintiff' "Whether the loss of contract was a natural and probable consequence of the defendant's publication" 'Liability for republication of defamatory material' 'Causation and remoteness in injurious falsehood']

Ratio Decidendi

The appeal was dismissed because the court found no causal link between the defendant's publication of the impugned letter and the plaintiff's loss of the McDonald's contract; actual damage resulted only from publication in the Newcastle Herald, which was not a natural and probable consequence of the defendant's conduct nor sufficiently similar to the original publication to impose liability.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed' "The appellant is to pay the respondent's costs of the appeal"]