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NSW Court of Appeal overturns $238,000 payout over defamatory email

On 3 March the NSW Court of Appeal overturned an award of $238,000 in damages arising from an allegedly defamatory email announcing an ex-employee’s termination in KSMC v Bowden. The decision provides a useful guide from the NSW Court of Appeal on the difficulties faced by a plaintiff in seeking to defeat a defence of common law qualified privilege by way of a claim of malice.

In our full Case Alert, Chris Mossman and Lisa Schumacher look at the significance of this decision for insurers.

© Wotton + Kearney 2020
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