Recent Cases

Jay v Petrikas [2023] NSWCA 297 (12 December 2023) (Payne, Kirk and Griffiths JJA)


Catchwords:


APPEALS – Leave to appeal – question of general principle – scope of tort of injurious falsehood

TORTS – Economic torts – Injurious falsehood – malice – where false representations were beliefs or opinions reasonably held

TORTS – Economic torts – Injurious falsehood – falsity – whether any error to approach to falsity in the particular circumstances of the case

TORTS – Economic torts – Injurious falsehood – damages – whether representations leading to internal investigation caused actual damage – whether aggravated and/or exemplary damages could be awarded in the circumstances

TORTS – Economic torts – Injurious falsehood – scope – where unsuitable to determine given failure of other aspects of the appeal