LVMH Watch & Jewellery Australia Pty Ltd v Lassanah

The appeal concerned a defamation action brought by LVMH Watch & Jewellery Australia Pty Ltd (the Third Respondent) against Mr. and Mrs. Lassanah (the First and Second Respondents). The dispute arose from accusations made by the Lassanahs concerning the authenticity of watches sold by LVMH. The appeal was heard by Giles and Campbell JJA, and Bergin CJ in Eq.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in finding that the occasion of qualified privilege was "lost" and whether the finding of malice on the part of LVMH was justified. This involved reconsidering the defence of qualified privilege and determining if there was an error in the finding of fact that was pivotal to the conclusion of malicious and false accusations.

The Court of Appeal allowed the appeal in relation to the defences of qualified privilege. The reasoning focused on the trial judge's findings regarding the occasion of qualified privilege and the subsequent finding of malice. The Court determined that the trial judge had erred in concluding that the occasion of privilege was lost and that the evidence did not support a finding of malice. Consequently, the verdicts and judgments entered in favour of the Lassanahs were set aside, and a verdict and judgment were entered in favour of LVMH. The parties were granted liberty to file an agreed costs order or written submissions on costs.