Lloyd-Jones v Allen

In *Lloyd-Jones v Allen*, the New South Wales Court of Appeal considered an appeal concerning a defamation action. The dispute arose from a letter written by the appellant to a community interest group and media publishers, which the respondent alleged contained defamatory imputations. The primary judge had made certain orders, which the appellant sought to have set aside.

The Court of Appeal was required to determine several legal issues. These included whether the defence of truth was established for all the imputations pleaded, whether the statements made in the letter were statements of fact or comment, and whether each publication was made on an occasion protected by common law qualified privilege. The Court also had to consider whether there was evidence of malice that would defeat any claim of qualified privilege.

The Court allowed the appeal in part, setting aside the orders made by the District Court. It reasoned that the primary judge had erred in their assessment of the defences and the evidence. Consequently, the matter was remitted to the District Court for a new trial on limited issues. Specifically, the District Court was to determine the defence of truth concerning imputations pleaded in paragraphs (a) and (c) of the statement of claim. If the defence of truth failed for those imputations, the District Court was then to assess damages. The costs of the remitted hearing were left to the discretion of the trial judge, and each party was to bear their own costs of the appeal.