New South Wales – in respect of a party or a witness, a charge of misconduct should be made only where the party making it satisfies himself that there are grounds for making it. Fraud must be pleaded specifically and with particularity. If a person is to be charged with doing or writing something which will involve serious consequences, the person is not to be condemned casually or by ‘inexact proofs, indefinite testimony, or indirect inferences’
Judges:
Mahoney JA
Citations:
(1990) 22 NSWLR 125
Jurisdiction:
Australia
Cited by:
Cited – Dhir v Saddler QBD 6-Dec-2017
Slander damages reduced for conduct
Claim in slander. The defendant was said, at a church meeting to have accused the client of threatening to slit her throat. The defendant argued that the audience of 80 was not large enough.
Held: ‘the authorities demonstrate that it is the . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 11 May 2022; Ref: scu.602121