The Federal Capital Press of Australia Pty Ltd v Balzola [2015] NSWCA 285

The Federal Capital Press of Australia Pty Ltd v Balzola [2015] NSWCA 285

Leave to appeal was refused because the grounds advanced did not raise any issue of principle or demonstrate an injustice beyond what is reasonably arguable; the District Court properly exercised discretion in allowing amendment and striking out contextual imputations, and broader points raised by Capital Press could better be determined after trial.

Jurisdiction
Australia
Judgment Date
22 September 2015
Procedural Posture
Application for Leave to Appeal (defamation) / Court of Appeal Leave to Appeal From Interlocutory Decisions
Outcome
Leave to appeal refused.
Legal Topics
['leave to Appeal' 'amendment of Pleadings' 'contextual Imputations' 'discretionary Rulings' 'contextual Truth Defence' 'delay and Prejudice']
['defamation' 'civil Procedure'] ['leave to Appeal' 'amendment of Pleadings' 'contextual Imputations' 'discretionary Rulings' 'contextual Truth Defence' 'delay and Prejudice']

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Procedural Posture

Application for Leave to Appeal (defamation) / Court of Appeal Leave to Appeal From Interlocutory Decisions

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from interlocutory orders permitting amendment of statement of claim and striking out contextual imputations in defence' "Whether Mahony DCJ's exercise of discretion miscarried regarding amendment and delay" 'Whether the correctness of Fairfax Media Publications Pty Limited v Kermode should be reconsidered']

Ratio Decidendi

Leave to appeal was refused because the grounds advanced did not raise any issue of principle or demonstrate an injustice beyond what is reasonably arguable; the District Court properly exercised discretion in allowing amendment and striking out contextual imputations, and broader points raised by Capital Press could better be determined after trial.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.' "Applicants to pay respondent's costs of the application for leave to appeal."]