AW v Rayney [2011] HCATrans 86

This matter concerned an application for special leave to appeal to the High Court of Australia by AW against Rayney. The dispute arose from a defamation proceeding initiated by Rayney against AW. The core of the defamation claim related to statements made by AW concerning Rayney's alleged involvement in the disappearance and presumed death of his wife.

The primary legal issue before the High Court was whether the Full Court of the Supreme Court of Western Australia had erred in its decision to grant Rayney leave to appeal against an earlier decision of a single judge of that court. That earlier decision had dismissed Rayney's defamation claim on the grounds that the statements made by AW were not capable of bearing a defamatory meaning.

The High Court considered whether the Full Court had correctly applied the principles governing the grant of leave to appeal, particularly in circumstances where the appeal concerned the proper construction of allegedly defamatory material. The judges noted that the question of whether a statement is capable of a defamatory meaning is a question of law, and that the Full Court was required to determine if the single judge had erred in law in finding that the statements were not capable of bearing a defamatory meaning. The High Court ultimately granted special leave to appeal, indicating that there were arguable grounds for review of the Full Court's decision.