Prouten v Buxton

The applicant, Prouten, sought leave to appeal from a decision of the District Court of New South Wales concerning allegations of defamation in social media posts made by the respondent, Buxton. The posts were alleged to have been removed after limited exposure. The primary judge had upheld defences of justification and honest opinion, and had made a contingent assessment of damages at $15,000.

The central legal issues before the Court of Appeal were whether there was a significant error of law, a question of principle, or a matter of general importance that would justify granting leave to appeal, given that the amount in issue did not approach the monetary threshold for automatic leave. The applicant also invited the court to reconsider the factual findings of the trial judge.

The Court of Appeal, constituted by Stern JA and Basten AJA, reasoned that the amount of potential damages was disproportionate to the legal costs likely to be incurred in pursuing an appeal. Furthermore, the court found no significant error of law, no issue of principle, and no matter of general importance that would warrant granting leave. The court also concluded that there was no clear prospect of a different outcome even if leave were granted, the appeal allowed, and a retrial held, particularly in light of the trial judge's findings on the defences.

Accordingly, the Court of Appeal ordered that an extension of time be granted for the applicant to file the summons seeking leave to appeal up to and including 25 November 2024, but then dismissed the summons and ordered the applicant to pay the respondent’s costs of the summons.