New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Truth

  • 28 Feb 2023

    BAINS v SINGH [2023] NZHC 332

    Citation
    [2023] NZHC 332
    Court
    High Court

    The strike-out application was dismissed because the pleaded facts and contextual background showed the impugned publications were capable of being read as expressions of opinion with arguable indication of factual basis and there was an arguable foundation for a common-law qualified privilege based on the community duty/interest asserted by the defendant; material disputes of translation and background facts required trial resolution and the defences were not clearly untenable.

  • 9 May 2022

    STRINGER v CRAIG [2022] NZCA 168

    Citation
    [2022] NZCA 168
    Court
    Court of Appeal

    The Court upheld Palmer J's findings that the contested publications were, in most respects, true or honest opinion and, in any event, protected by qualified privilege (reply to attack or duty to publish) because the respondents responded proportionately to a sustained public attack by the appellant and were honest in their belief; the proposed further evidence on appeal was rejected as not fresh or cogent; and the High Court's approach to awarding full indemnity disbursements based on r 14.6(4) principles was unsound and the costs/disbursements issue is remitted for reassessment consistent w…

  • 7 Nov 2014

    WU v MONCUR [2014] NZHC 2776

    Citation
    [2014] NZHC 2776
    Court
    High Court

    Leave was granted to the first defendant to file a statement of defence out of time because, on balance, the interests of justice required it and there was an arguable defence similar in part to defences already raised by other defendants; however leave was conditional to prevent prejudice and delay: the bad reputation notice was struck out, defences limited to honest opinion and truth, and particulars and evidence must be filed and served by 1.00 pm on 11 November 2014 or the defence will not be considered at trial; costs of $3,482.50 were awarded to the plaintiff payable immediately.