Zarth v Williamson

The applicants, Zarth and Williamson, sought leave to appeal a decision of the District Court concerning a defamation action brought against them by solicitors. The dispute arose from communications made by the applicants to third parties, including Aussie Home Loans, their receptionist, and an officer of the Legal Services Commission, which the solicitors alleged were defamatory. The District Court had awarded damages totalling $80,000.

The Court of Appeal was required to consider several grounds for leave to appeal. These included whether the trial judge erred in the conduct of the trial regarding the order of evidence on the issue of malice, the applicability of statutory absolute privilege under s 17J of the Defamation Act to communications with the Legal Services Commission, whether the jury's determination of issues was flawed by not including publication, and whether the damages awarded were excessive.

The Court of Appeal concluded that the prospects of success on appeal were poor and that there had been no substantial departure from the due administration of justice. The court considered the discretion to grant leave to appeal, taking into account the various grounds raised by the applicants.

Ultimately, the Court of Appeal dismissed both summonses for leave to appeal, with costs.