Mohareb v Booth [2020] NSWCA 49

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mohareb v Booth [2020] NSWCA 49 Hearing dates: 24 March 2020 Date of orders: 24 March 2020 Decision date: 27 March 2020 Before: Basten JA; White JA; Simpson AJA Decision: (1) Grant the applicant leave to appeal from the judgment of the District Court delivered on 1 April 2019 dismissing the applicant's proceedings against the respondent in defamation.

(2) Allow the appeal and set aside the orders made in the District Court.

(3) In place thereof, give judgment for the plaintiff, with damages to be assessed.

(4) Remit the matter to the District Court for assessment of damages, with a recommendation that they be determined by a judge other than the trial judge.

(5) Order that the defendant pay the plaintiff's costs of the trial, assessed on the basis of an unrepresented party.

(6) Order that the respondent pay the applicant's costs in this Court, assessed on the basis of an unrepresented party. Catchwords: DEFAMATION – defences – offer to make amends – concerns notice – whether statement of claim a concerns notice – offer to be made within 28 days of receiving concerns notice – no valid offer where made after 28 days – Defamation Act 2005 (NSW), s 14(1)

DEFAMATION – defences – offer to make amends – whether made as soon as reasonably practicable after defendant aware that matter might be defamatory –offer made one year after action commenced – Defamation Act 2005 (NSW), s 18(1)

JUDGMENT – findings at trial that elements of claims made out – defence relied on by trial judge not available – other pleaded defences not pursued – defendant forwent opportunity to appear at trial – plaintiff entitled to judgment on liability