Holmes à Court v Papaconstuntinos

The appeal concerned a dispute between Holmes à Court and Papaconstuntinos, heard before the New South Wales Court of Appeal. The specific nature of the underlying dispute is not detailed in the provided text, but the court's decision focuses on the question of qualified privilege in the context of an appeal.

The primary legal issue before the court was whether to grant leave to appeal on the grounds relating to qualified privilege. The court also considered an application to challenge previous decisions of the Court, which was made late in the proceedings.

The Court of Appeal granted leave to appeal on the specific grounds concerning qualified privilege, as outlined in the draft notice of appeal. However, leave to appeal on the question of quantum was withdrawn and would not have been granted. The court ordered the applicant to pay the costs incurred due to the late application to challenge previous decisions, specifying these costs were to be paid on an indemnity basis and assessed and paid forthwith. The costs associated with the leave application itself were to be costs in the appeal.