Toben v Milne

The appeal concerned a defamation proceeding between Toben (appellant) and Milne (respondent). The primary dispute involved an application to add a claim for misleading and deceptive conduct to the statement of claim, and the striking out of certain alleged imputations by the primary judge. The appeal was heard by Macfarlan and Emmett JJA in the Court of Appeal of New South Wales.

The legal issues before the Court of Appeal were whether the primary judge erred in refusing leave to amend the statement of claim to include a claim for misleading and deceptive conduct, and whether the primary judge was correct in striking out imputation (a) from the statement of claim.

The Court of Appeal granted leave to appeal only in relation to the primary judge's decision to strike out imputation (a). Leave to appeal was otherwise refused. The Court did not provide detailed reasons for its decision in the provided text, but the outcome indicates a limited success for the appellant in pursuing the appeal.

The orders of the Court were that leave to appeal be granted in respect of the striking out of imputation (a), and otherwise refused. Costs were to be costs in the appeal.