Recent Cases

State of New South Wales v Wraydeh [2019] NSWCA 192 (14 August 2019) (McCallum JA at [1], Emmett AJA at [42], Simpson AJA at [50])


DEFAMATION – defences – contextual truth – amendment by plaintiff to adopt contextual imputations – whether primary judge ought to have inferred that the amendment was not brought in good faith or was an abuse of process

APPEAL – practice and procedure – decision by primary judge to allow amendment – particular caution to be exercised by appellate courts