Perera v Genworth Financial Mortgage Insurance Pty Ltd

The appeal concerned a defamation claim brought by Mr Perera against Genworth Financial Mortgage Insurance Pty Ltd. The primary judge had summarily dismissed Mr Perera's defamation claim, but the Court of Appeal was required to determine whether this dismissal was appropriate.

The Court of Appeal was required to consider whether the imputations Mr Perera alleged were capable of arising from the publication of a letter, and whether sufficient particulars of identification had been provided. Additionally, the court had to determine whether the primary judge had given Mr Perera adequate notice of the issues that would be relied upon for the summary dismissal of the defamation claim. The court also considered whether novel duties of care in negligence were amenable to summary dismissal, and the circumstances under which such claims might be dismissed in advance of trial, particularly where they cut across or subvert other legal principles.

The Court of Appeal allowed the appeal in part. It set aside the primary judge's orders and dismissed the proceedings insofar as they were based on allegations of negligence. However, it granted Mr Perera leave to file and serve a further amended statement of claim confined to the defamation allegation, without prejudice to Genworth's right to object. The proceedings were to be transferred to the District Court of New South Wales for placement in the Defamation List. Mr Perera was ordered to pay 75% of Genworth's costs of its notice of motion, with no order as to the costs of the appeal.