Sharma v Shandil [2011] NSWCA 155

Sharma v Shandil [2011] NSWCA 155

The application for leave to appeal had no reasonable prospects of success as none of the grounds—regarding publication, quantum of damages, or withdrawal of qualified privilege concession—were made out on the evidence and procedural history.

Jurisdiction
Australia
Judgment Date
30 May 2011
Procedural Posture
Application for Leave to Appeal / Determination of Leave to Appeal at Court of Appeal
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'withdrawal of Concession by Counsel' 'publication in Defamation' 'assessment of Damages' 'qualified Privilege']
['defamation'] ['leave to Appeal' 'withdrawal of Concession by Counsel' 'publication in Defamation' 'assessment of Damages' 'qualified Privilege']

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Procedural Posture

Application for Leave to Appeal / Determination of Leave to Appeal at Court of Appeal

Legal Issues

  1. 1 ['Whether the primary judge erred in finding publication of defamatory matter' 'Whether the award of damages ($80,000) was excessive' 'Whether refusal to allow withdrawal of concession regarding qualified privilege defence was improper']

Ratio Decidendi

The application for leave to appeal had no reasonable prospects of success as none of the grounds—regarding publication, quantum of damages, or withdrawal of qualified privilege concession—were made out on the evidence and procedural history.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • ['Application for leave to appeal dismissed with costs.']