Un v Chow

[2018] NSWCA 287

NSW Court of Appeal

Built by Barristers,
For Australian Law.

1. Defamation
2. › Defences
3. › Truth
4. › Whether defence of truth may be raised for the first time on appeal
5. › Whether truth not pleaded at trial may be agitated on appeal
6. › Defamation Act 2005 (NSW)
1. Appeal
2. › Fresh evidence on appeal
3. › Whether special grounds established for admission of evidence not tendered at trial
4. › Supreme Court Act 1970 (NSW), s 75A(8)
1. Appeal
2. › Standard of appellate review
3. › Factual findings based on credibility
4. › Whether appellable error shown in findings based on observation of witnesses

A party who does not plead truth as a defence to defamation at trial cannot raise the truth of the imputations as a ground of appeal.

Citation[2018] NSWCA 287

CourtNSWCA

JurisdictionNew South Wales

The full text is available to signed-in members, including the 10 later cases that cite this judgment.

Already have an account? Sign in