In Western Australia, the Polly Peck defence remains available notwithstanding the obiter criticism in Chakravarti, having been approved by the Full Court in Gumina v Williams (No 2). A defendant pleading fair comment is not invariably required to state the substance of the comment, though this may be required where it is unclear whether the comment is capable of satisfying the test by reference to the range of permissible meanings. A Polly Peck imputation that merely describes events without specifying the precise charge against the plaintiff will be struck out.
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