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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.
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