Whittington v Newman

Whittington v Newman concerned an appeal from an order granting leave to amend a pleading in a defamation proceeding. The central dispute revolved around the adequacy of the amended pleading and its particulars, particularly in light of the commencement of the *Defamation Amendment Act 2020* (NSW). The appeal was heard by Leeming and Stern JJA, and Simpson AJA.

The court was required to determine several key legal issues. These included the operation of a concerns notice in relation to matters introduced by the amendment, whether sufficient particulars of serious harm to reputation had been provided, and whether sufficient particulars of publication were present. The significance of claims of denial of procedural fairness in deciding points of law adversely to the defendant was also a consideration.

The Court of Appeal dismissed the summons seeking leave to appeal, ordering that the appellant pay the costs of the appeal.