NATIONWIDE NEWS PTY LTD v HOARE [1990] NSWCA 134

NATIONWIDE NEWS PTY LTD v HOARE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and HANDLEY JJA 26 March 1990

[1990] NSWCA 134

Priestley, Meagher and Handley JJA The Court is of the view that this application should be refused. The basis of the refusal is that the points which counsel for the claimant seeks to have leave to appeal on are points which can, should the claimant/defendant eventually suffer judgment on the imputations involving those points, be raised as of right in an appeal against that judgment.

The Court by majority is of the opinion that it is expedient, in view of the availability, if necessary, in the long run of a right of appeal to the claimant on those points which he is now seeking leave to appeal on, to cause the trial to go forward on the three imputations which stand in the statement of claim.

Without going into any further detail about the Court's reasons, I think I should indicate that the Court has in mind the desirability of defamation cases going to trial as soon as reasonably possible after ordinary interlocutory process, and the undesirability of defendants causing defamation cases to be chopped into pieces, which pieces can only be dealt with at the expense of, in most cases, increased costs and delay in the hearing of the substantive matters.

The Court also takes into account, or at least the majority does, the observations of Jordan CJ in In Re Gilbert and repeats that in the choice between two ways forward in the hearing of these defamation proceedings, it most certainly favours the view which would bring those proceedings to trial at the earliest reasonable time.

The application is dismissed with costs.