Barrister tries to stop book by Dr Ingrid Van Beek about the medically supervised injecting room at Kings Cross. Injunction inappropriate to restrain a matter of public interest ... more
Year: 2004
Cross v Queensland Newspapers Ltd
Real estate promoter defamed over “rip-off” claim in The Courier-Mail. Section 7A trial ... more
Model Defamation Provisions
Commonwealth’s plan to go it alone propels the States and Territories to settle their differences and come up with new Model Defamation Provisions, which includes: removal of the right of most corporations to sue; defence of truth alone; a list of factors that go to “reasonableness’ in qualified privilege; indemnity costs if defendants unreasonably fail to settle; an end to split trials in NSW; judges to decide damages; general compensatory damages to be capped at $250,000; limitation period of one year (extendable to three); no provision for correction orders or other non-monetary remedies; and no suing from the grave ... more
John Fairfax Publications Pty Ltd v District Court of NSW
Jurors should not be regarded as exceptionally fragile and prone to prejudice. Court of Appeal takes a firm hand with trial judges who coddle juries. A resounding win for open justice ... more
Millane & Ors v Nationwide News Pty Ltd t/a Cumberland Newspaper Group
Rare triumph of truth, s.22 qualified privilege and comment of a stranger all succeeding to defeat action by real estate agents against The Mosman Daily. Calderbank offer declined by plaintiffs but application by newspaper for indemnity costs rejected ... more
Millane & Ors v Nationwide News Pty Ltd t/a Cumberland Newspaper Group
Rare triumph of truth, s.22 qualified privilege and comment of a stranger all succeeding to defeat action by real estate agents against The Mosman Daily. Calderbank offer declined by plaintiffs but application by newspaper for indemnity costs rejected ... more
El Azzi v Nationwide News Pty Ltd
William El Azzi, a former policeman currently in prison after being found guilty of conspiring to manufacture drugs, has been partially successful in his 11-year old defamation action against Nationwide News.
In one of the last pre-s.7A all-issues jury trials, a NSW Supreme Court jury of three men and a woman found that El Azzi had been defamed in an article published in the The Daily Telegraph Mirror on May 22, 1991. … more
William El Azzi v Nationwide News Pty Ltd
In one of the last (old) full-jury defamation trials in NSW extensive “bad reputation” evidence did not prevent a jailed ex-copper being awarded damages of $5,000 for an old Telegraph Mirror article by Miranda Devine … more
Richard Sleeman v Nationwide News Pty Ltd
After lengthy consideration Justice Levine decides The Australian has failed to justify Amanda Meade’s attack on “dishonest” journalist’s article about Ian Thorpe in Good Weekend … more
Ron Cross v Queensland Newspapers Ltd
Wollongong businessman Ron Cross has been successful in the first leg of his defamation action against The Courier-Mail ... more
Clover Bond Pty Ltd v Carroll
On 29 October 2002 defendant spoke about plaintiff�s business to the accounts administrator of Service Financial Corp Ltd via a telephone conversation. Imputations included the Cool Clear Water Company was negligent in installing water purification and filtration systems, was in contravention of health regulations, and their practices ought to be investigated by the Water Filtration Association. The defence of qualified privilege failed as it was held that the defendant’s purpose was to win business for himself and was not pursuant to a moral or social duty. Publication to one person. … more
Sleeman v Nationwide News
Sports journalist, Richard Sleeman, has been awarded $400,000 damages (plus almost $35,000 interest) over an item written by media columnist Amanda Meade (right), in The Australian.
According to Sleeman, Meade’s item said that he was a dishonest journalist and had deliberately given the false impression that he had had a recent, in-depth interview with swimming star, Ian Thorpe.
Giving judgment for Sleeman, Justice Levine found that Nationwide News’ pleaded defences of comment, justification and contextual truth all failed. … more