CONTRACT – Penalties – Applicable test in deciding whether liquidated damages clauses in hire purchase agreements were penalties – Whether test applied correctly – Absence of formula calculating net loss, lack of difficulty in estimating net loss, lack of relationship between pre-estimates of damages caused by breach and amounts payable indicated that the clauses were penalties.

DEFAMATION – pleading – fair comment – whether the defendants had pleaded the facts supporting the defence of fair comment.

DEFAMATION – pleading - fair comment - ruling made on 6 November 2009 that facts particularised by the defendant did not support the defence of fair comment – defence amended – whether amendments particularised facts supporting the defence of fair comment.