Nationwide News Pty Ltd v Hibbert

Nationwide News Pty Ltd (the applicant) sought leave to appeal from a decision of the primary judge concerning imputations pleaded in a defamation action brought by Mr Hibbert (the respondent). The primary judge had dismissed an application by Nationwide News to strike out certain imputations pleaded by Mr Hibbert on the ground that they did not differ in substance from other imputations already pleaded. The appeal was heard by Barrett and Emmett JJA and Sackville AJA.

The central legal issue before the Court of Appeal was whether the primary judge erred in refusing to strike out the pleaded imputations. This required the Court to consider whether the imputations in question were substantially the same as others already pleaded, and whether the application to strike them out should have been granted. A further question arose as to whether the application for leave to appeal itself raised any issue of principle or posed a risk of injustice if refused.

The Court of Appeal determined that the application for leave to appeal did not raise any issue of principle or present a risk of injustice if refused. Consequently, the Court dismissed the applicants’ summons seeking leave to appeal and ordered that the applicants pay the respondent’s costs of the application.