Nationwide News Pty Ltd v Vass [2018] NSWCA 259

Court of Appeal of New South Wales
McColl, Basten & Leeming JJA
Defamation – applicant published article claiming respondent bought five-panelled painting and sold one panel separately in breach of sale contract – respondent sued applicant in defamation – applicant served ‘offer to make amends’ under Pt 3, Div 1 Defamation Act 2005 (NSW) (Defamation Act) – respondent accepted offer of amends in letter to applicant – trial judge declared letter was a ‘valid acceptance of the offer’ and vacated hearing date – applicant sought to challenge declaration on basis that ‘well after’ making of offer of amends respondent had served offer of compromise on applicant pursuant to r20.26 Uniform Civil Procedure Rules 2005 (NSW) – applicant contended the offer of compromise constituted rejection of offer of amends – whether offer of compromise ‘had the effect of a counteroffer’ – provisions concerning offers to make amends in Pt 3, Div 1 Defamation Act (amends provisions) – whether common law contract principles operated within amends provisions’ framework – held: offer of compromise was not a counteroffer – open to respondent to accept offer of amends – appeal dismissed.
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