Nationwide News Pty Ltd v Vass

The appeal concerned a dispute between Nationwide News Pty Ltd (the defendant) and Vass (the plaintiff) regarding an offer of amends made under the *Defamation Act 2005* (NSW). The defendant had made an offer of amends, including compensation, stating it was open for acceptance until the commencement of trial unless withdrawn in writing. The plaintiff subsequently made an offer of compromise under the *Uniform Civil Procedure Rules 2005* (NSW) seeking a greater sum than offered in amends. The plaintiff then purported to accept the defendant's offer of amends prior to trial, without the offer of amends having been expressly withdrawn.

The central legal issues before the Court of Appeal were whether the plaintiff's offer of compromise constituted a rejection of the defendant's offer of amends, and consequently, whether the offer of amends had been validly accepted. The court was also required to consider whether Part 3, Division 1 of the *Defamation Act 2005* (NSW) departed from the general law of offer and acceptance, and the intersection between the statutory scheme for offers of amends and the provisions governing offers of compromise under the Uniform Civil Procedure Rules.

The Court of Appeal reasoned that the offer of amends under the *Defamation Act 2005* (NSW) created a statutory regime that modified the common law principles of offer and acceptance. It held that an offer of compromise made under the Uniform Civil Procedure Rules did not, by its nature, constitute a rejection of a prior offer of amends made under the *Defamation Act 2005* (NSW). The court found that the offer of amends remained open for acceptance until it was expressly withdrawn in writing, as stipulated by the defendant. As the offer of amends had not been withdrawn, the plaintiff's acceptance prior to trial was valid.

The Court of Appeal granted leave to appeal but ultimately dismissed the appeal, ordering Nationwide News Pty Ltd to pay the costs of the appeal.