Taylor v J & D Stephens Pty Ltd

The appellant, Taylor, brought proceedings against the respondents, J & D Stephens Pty Ltd and another, alleging defamation. The core of the dispute concerned imputations made by the appellant which were maintained to be true. The appeal was heard by Basten and Leeming JJA, and Barrett AJA.

The primary legal issue before the court was whether the appellant could succeed on appeal, given that the defence of truth, which the appellant maintained was available, had not been raised at the trial. The court was required to consider the implications of this failure to plead and rely on the defence of truth at the initial hearing.

The court reasoned that the appellant's assertion that the imputations were true, without having formally pleaded or relied upon the defence of truth at trial, was insufficient to establish grounds for appeal. The failure to raise this defence at the appropriate stage meant that the trial court had not had the opportunity to consider it. Consequently, the appeal was dismissed.

Leave to appeal against the second respondent was granted to the extent necessary, and the appeal was dismissed with costs.