NSW v Wraydeh

[2019] NSWCA 192

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Defences
3. › Contextual truth
4. › Adoption by plaintiff of defendant's contextual imputations
5. › Whether amendment to adopt contextual imputations was abuse of process
6. › Whether plaintiff bore onus of proving good faith
7. › Defamation Act 2005 (NSW), s 26
1. Defamation
2. › Defences
3. › Contextual truth
4. › Imputation that plaintiff is a criminal
5. › Whether prior criminal convictions conclusively establish truth of imputation
6. › Whether question of fact for trial
1. Appeal
2. › Appellate review of discretionary decisions
3. › Decision on practice and procedure
4. › Particular caution to be exercised by appellate courts
5. › Whether primary judge's exercise of discretion miscarried
1. Practice and Procedure
2. › Amendment of pleadings
3. › Leave to amend
4. › Whether onus on moving party to prove good faith
5. › Whether inference of improper purpose should be drawn

Quick Take

A defamation plaintiff seeking to adopt a defendant's contextual imputations does not bear an onus of proving good faith, and prior criminal convictions do not conclusively establish the truth of an imputation that the plaintiff 'is a criminal' — that question is one of fact for trial.