Prouten v Buxton

The appeal concerned a defamation claim brought by the appellant, Prouten, against the respondent, Buxton. The primary judge had dismissed the appellant's claim at trial. A contingent assessment of damages had been conducted, which was significantly below the threshold required for an appeal as of right. The appellant sought to appeal the dismissal of their defamation claim.

The central legal issue before the court was whether the appellant had satisfied the threshold to appeal without leave, given that the contingent assessment of damages was below the statutory minimum. This involved an examination of the requirements for an appeal as of right under the relevant legislation and the proper interpretation of a solicitor's pro forma certificate in this context.

Basten AJA determined that the threshold for an appeal as of right had not been met. The court found that the contingent assessment of damages, being well below the statutory threshold, was determinative of the matter. The pro forma certificate provided by the appellant's solicitor was insufficient to overcome this deficiency. Consequently, the court concluded that an appeal could only proceed with leave, which had not been sought or granted.

The court ordered that the notice of appeal filed on 4 September 2024 be struck out, and the appellant was ordered to pay the respondent's costs of the motion.