Mohareb v Booth

[2020] NSWCA 49

NSW Court of Appeal

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Interrogate

Catchwords

1. Defamation
2. › Defences
3. › Offer to make amends
4. › Concerns notice
5. › Whether statement of claim operates as concerns notice
6. › Time limit for making offer
7. › Whether offer made after 28 days valid
8. › Defamation Act 2005 (NSW), ss 14, 15, 18
1. Defamation
2. › Defences
3. › Offer to make amends
4. › Whether offer made as soon as reasonably practicable after publisher became aware matter might be defamatory
5. › Offer made one year after service of statement of claim
6. › Defamation Act 2005 (NSW), s 18(1)(a)
1. Practice and Procedure
2. › Judgments and orders
3. › Findings at trial that elements of claim made out
4. › Defence relied on by trial judge not available
5. › Other pleaded defences not pursued
6. › Defendant forwent opportunity to appear at trial
7. › Plaintiff entitled to judgment on liability
1. Practice and Procedure
2. › Procedural fairness
3. › Bias
4. › Actual or apprehended bias
5. › Whether allegations should be resolved where other proceedings affected and other parties not heard

Quick Take

The Court held that a statement of claim operates as a concerns notice under s 14 of the Defamation Act 2005 (NSW), triggering the 28-day time limit for making an offer to make amends, and that a delay of 12 months will not satisfy the 'as soon as practicable' requirement in s 18(1)(a).