APN New Zealand Limited v Simunovich Fisheries Limited and others - SC 69/2008

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Summary

Civil – Defamation – whether the Court of Appeal erred in finding that the obligation in s 38 of the Defamation Act 1992 applies to the pleading of a stand alone defence of truth – whether the Court of Appeal was wrong to find that the “repetition rule” and the “ conduct rule” apply to pleadings of truth - whether the Court of Appeal erred in holding that the change in approach to admissibility of hearsay evidence in the Evidence Act 2006 does not affect the applicability of the “repetition rule” to a pleading of truth – was the Court of Appeal wrong to hold that it is not open to a defendant to plead the opinions and statements of third parties in support of a truth defence, or in support of an honest opinion defence.[2008] NZCA 350  CA 447/07 CA 584/07    8 September  2008

Result

Application for leave to appeal granted
1 December 2008
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Appeal dismissed. Costs $15,000 to the respondent jointly with one half of their disbursements.
26 August 2009

Related Documents

Additional Information

Hearing date : 9 and 10 June 2009