NSW Caselaw
New South Wales Court of Appeal
CITATION: ZARTH v WILLIAMSON & ORS [2006] NSWCA 246
HEARING DATE(S): 03 & 04/08/2006
JUDGMENT DATE: 6 September 2006
JUDGMENT OF: Giles JA at 1; Bryson JA at 6
DECISION: Dismiss both Summonses for leave to appeal with costs.
CATCHWORDS: DEFAMATION – defamation action in District Court by solicitors against clients who defamed them in communications to 1) Aussie Home Loans 2) their receptionist in front office 3) officer of Legal Services Commission – damages awards totalling $80,000 – leave to appeal sought on numerous grounds relating to – Common Law Qualified Privilege – conduct of trial re order of going into evidence on issue of malice – statutory absolute privilege in communication with Legal Services Commission DAct s.17J – determination by jury of issues accepted by counsel which did not include publication – excessive damages – other complaints – CA concluded poor prospects of success and no substantial departure from due administration of justice – consideration of discretion to grant leave to appeal – refused (ND)
LEGISLATION CITED: Defamation Act 1974 (NSW) ss.7A, 13, 17F, 17J, 22 District Court Act 1973 (NSW) s.127(2)(c)
CASES CITED: Webb v Bloch (1928) 41 CLR 331
Claimants – Henry Zarth and Karen Zarth PARTIES: First Opponent – Neil Stewart Williamson Second Opponent – Ronald William Winter Third Opponent – Anthony Orazio Brischetto
FILE NUMBER(S): CA 40942/2005; CA 40626/2005
COUNSEL: Claimants' counsel – Mr R Newell Opponents' counsel – Mr D A Caspersonn
SOLICITORS: Claimants' solicitor – L.C. Muriniti & Associates Opponents' solicitor - Coode & Corry
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