Mohareb v Booth

The appeal concerned a defamation proceeding brought by the applicant against the respondent. The District Court had dismissed the applicant's proceedings, and the applicant sought leave to appeal this decision.

The primary legal issues before the Court of Appeal were whether the respondent had validly made an offer to make amends under the *Defamation Act 2005* (NSW), and whether such an offer, if made, was made as soon as reasonably practicable. The court also considered whether the respondent's conduct gave rise to a valid defence, and whether the trial judge's findings were sound.

The Court of Appeal found that the respondent's offer to make amends was not made within the 28-day period prescribed by section 14(1) of the *Defamation Act 2005* (NSW) after receiving a concerns notice, and therefore was not a valid offer. Furthermore, the court determined that the offer was not made as soon as reasonably practicable after the respondent became aware that the matter might be defamatory, as it was made approximately one year after the defamation action commenced, contrary to section 18(1) of the Act. Given that the trial judge's relied-upon defence was unavailable and other defences were not pursued, and the defendant had forgone the opportunity to appear at trial, the Court of Appeal concluded that the plaintiff was entitled to judgment on liability.

The Court of Appeal granted leave to appeal, allowed the appeal, and set aside the District Court's orders. It entered judgment for the plaintiff on liability, with damages to be assessed, and remitted the matter to the District Court for assessment of damages, recommending a different judge. The court also made orders regarding the costs of the trial and the appeal.