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Damages Articles from 2010
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Damages    December 20, 2010  
Channel Seven Sydney Pty Ltd v Peter Mahommed

The NSW Court of Appeal unanimously overturns a 30-year-old decision by allowing evidence of previous bad character to mitigate damages. Former mortgage broker Peter Mohammed has $15,000 shaved off his award ... more

Damages    December 17, 2010  
Bruce Manefield v Child Care NSW

NSW Supreme Court Justice David Kirby awards damages of $150,000 over a malicious letter circulated to 650 members of Child Care NSW. The letter’s purpose was “to stifle competition” – and it succeeded ... more

Damages    December 16, 2010  
Un Dok Pak v The Korean Times Pty Ltd & Joshua Nam

NSW District Court Judge Richard Rolfe takes into account the “saving face” aspect of Korean culture and awards Strathfield solicitor Un Dok (Vivian) Pak damages of $100,000 over a Korean Times article that falsely suggested she was being investigated for corruption ... more

Damages    November 8, 2010  
Lana Mundine v Avery Brown, APN News & Media Ltd and Daily Examiner Pty Ltd

The defence of common law qualified privilege fails again … NSW Supreme Court Justice Ian Harrison awards Aboriginal mental health worker Lana Mundine $60,000 damages over “serious” defamation in The Daily Examiner ... more

Damages    September 1, 2010  
Ray Chesterton v Radio 2UE Sydney Pty Ltd

Retired journalist Ray Chesterton awarded $90,000 damages over a “comprehensive assault” on his reputation by John Laws. Despite his denials, Justice Lucy McCallum finds Chesterton was indeed known as “Ankles” (i.e. lower than a c***) ... more

Damages    August 19, 2010  
Mamdouh Habib v Nationwide News Pty Ltd

NSW Supreme Court Justice Peter McClellan has awarded former terrorist suspect Mamdouh Habib minimal damages of $5000 over a defamatory column by The Daily Telegraph’s Piers Akerman ... more

Damages    July 28, 2010  
Mamdouh Habib v Nationwide News Pty Ltd

Mamdouh Habib’s barrister takes an inventive approach to damages and asks that publicity given to the initial judgment – later overturned – be taken as “furthering the harm to the plaintiff’s reputation”. Nationwide News resists ... more

Damages    July 4, 2010  
Abdullah Ahmadi v Fairfax Media Publications Pty Ltd

NSW Supreme Court Justice Stephen Rothman awards Granville immigration agent Abdullah Ahmadi paltry damages of $7500 over a Sydney Morning Herald article that accused him of being a people smuggler ... more

Damages    June 27, 2010  
Michael Megna & Russell Lloyd v David Marshall & Richard Tory

After a six-year legal battle, Drummoyne Council’s former mayor and general manager reap damages exceeding $600,000 over a series of “political scandal sheets”. The defence of qualified privilege fails for 33 imputations ... more

Damages    April 29, 2010  
Mark French v Herald & Weekly Times Pty Ltd

Former Olympic cyclist Mark French gets damages of $175,000 over a Herald Sun article that called him a drug cheat. After dismissing the jury, Victorian Supreme Court Justice David Beach takes two weeks to hear the evidence and deliver his verdict ... more

Damages    April 1, 2010  
Dyson Hore-Lacy v Phil Cleary and Allen & Unwin

Jury awards damages of $630,000 to Melbourne silk … Book about provocation in the Ramage murder trial … Julian Burnside QC exposes lack of belief in the central accusation that the plaintiff helped concoct a defence of provocation … (Revised) ... more

Damages    April 1, 2010  
Abdullah Ahmadi v Fairfax Media Publications Pty Ltd

Counsel for Fairfax Media asks NSW Supreme Court Justice Stephen Rothman to award immigration agent Abdullah Ahmadi nominal damages over untrue allegations that he is a people smuggler ... more

Damages    March 16, 2010  
Dr Peter Haertsch v Channel Nine Sydney, Nine Network & Kate Donnison

NSW Supreme Court Justice Henric Nicholas awards Sydney plastic and cosmetic surgeon Dr Peter Haertsch damages of $267,919 – including aggravated damages – over A Current Affair report he describes as “gutter journalism” ... more

Damages    March 5, 2010  
Channel Seven Sydney Pty Ltd v Peter Mahommed

Full bench of the NSW Court of Appeal asked to overturn a judgment that says post-publication evidence of “bad character” can’t mitigate damages. The plaintiff’s favourite advocate, Clive Evatt, finds himself in the tricky position of arguing against continuing harm ... more

Damages    February 17, 2010  
David Woolcott v Hilbert Seeger

A doctor who failed to defend a libel action brought by a naturopath has been ordered to pay damages of $70,000 over a series of defamatory emails and postings on his website. He was also permanently restrained from further defamatory publication ... more