The Herald & Weekly Times Ltd & Anor v Popovic

The Herald & Weekly Times Ltd and another party (the appellants) sought special leave to appeal from a decision of the Full Court of the Supreme Court of Victoria concerning a defamation claim brought by Mr. Popovic (the respondent). The dispute arose from articles published by the appellants which the respondent alleged were defamatory.

The primary legal issue before Hayne J was whether the Full Court of the Supreme Court of Victoria had erred in its determination of the appeal, specifically concerning the application of the defence of triviality under section 30 of the Defamation Act 2005 (Vic). The appellants contended that the publications were of such minor importance that they caused no reasonable grounds for complaint by the respondent.

Hayne J considered the principles governing special leave applications, particularly the requirement to demonstrate that the appeal raises a question of law of general importance or that there are other special circumstances justifying the grant of leave. His Honour reviewed the findings of the Full Court and the evidence presented, ultimately concluding that the Full Court's assessment of the triviality defence, in light of the specific facts and circumstances of the publications, did not disclose an error of law that warranted the grant of special leave to appeal.

Special leave to appeal was refused.