Hunter v Hanson

In *Hunter v Hanson*, the applicant sought leave to appeal a decision of the primary judge. The dispute concerned a defamation claim brought by the respondent against the applicant. The applicant sought to conduct the appeal on a basis that was fundamentally different from the forensic strategy adopted at trial.

The Court of Appeal was required to determine whether to grant leave to appeal, particularly in light of the applicant's proposed change in legal argument. This involved considering whether the applicant should be permitted to resile from admissions made at trial regarding the lack of bona fides and falsity of the defamatory letters. The court also had to consider the applicability of defences such as absolute privilege, good faith, and triviality in the context of the admitted facts and the nature of the publications.

The Court of Appeal dismissed the application for leave to appeal. Their Honours reasoned that the applicant's attempt to pursue a forensic course diametrically opposed to that taken at trial, and to resile from admissions made concerning the lack of bona fides and falsity of the defamatory letters, was not a basis upon which leave to appeal should be granted. The court found no error in the primary judge's decision.

Consequently, the application for leave to appeal and the notice of motion dated 9 June 2017 were dismissed with costs.