13 Sept 2013
SMITH V DOOLEY CA233/2012 [2013] NZCA 428
- Citation
- [2013] NZCA 428
- Court
- Court of Appeal
The Court of Appeal allowed the appeal, holding the High Court erred in finding the appellant's words bore the pleaded serious defamatory meanings; on the proper contextual reading the meanings were not made out, and on the alternative view the statements were substantially true and would have been protected by qualified privilege because predominant ill will was not established and recklessness was not made out once additional telephone evidence was admitted; the High Court also failed properly to exercise its discretion under s24 and should have declined declaratory relief given delay; the…