A Polly Peck imputation that is a subset of and comprehended within the plaintiff's imputation, where the evidence to prove it would fall short of but be relevant to establishing the plaintiff's imputation, is not 'substantially different' and is permissible. The Hore-Lacy test as approved in Elliott continues to govern the permissibility of Polly Peck defences in WA, notwithstanding acknowledged inconsistency in its application.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.
1 of the 4 citing cases carry a classified treatment. How each court treated it is available to signed-in members.