Recent Cases

CJZ Pty Ltd v Giant Dwarf Pty Ltd; CJZ Pty Ltd v Morrow [2023] NSWCA 135 (20 June 2023) (Ward P, Mitchelmore and Adamson JJA)


Catchwords:


MISLEADING AND DECEPTIVE CONDUCT — cross-appeal — whether joint venturer engaged in misleading or deceptive conduct by failing to disclose negotiations for production of further series of television program, The Checkout — whether reasonable expectation of disclosure — whether execution of Share Sale Agreement induced by misleading or deceptive conduct — whether rescission of Share Sale Agreement an appropriate remedy

COSTS — application for leave to appeal — Calderbank offers — whether primary judge erred in not awarding costs on indemnity basis — whether respondents would have been in a better position if they had accepted offer — circumstances in which costs discretion re-exercised on appeal

DEFAMATION — application for leave to appeal — whether primary judge erred in application of test for defence of qualified privilege — whether express malice established