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Interlocutory Articles from 2016
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Interlocutory    December 15, 2016  
Ali Mosslmani by his tutor Karout v Australia Pty Ltd, Nationwide News Pty Ltd, Australian Radio Network Pty Ltd (No. 2)

Two interesting imputations judgments from the NSW District Court … The teenager with the viral “mullet” has his action against The Daily Telegraph dismissed … Not so a man The Sydney Morning Herald accused of sexual assault in a court report … Justin Pen reports ... more

Interlocutory    December 12, 2016  
Peter Gregg v Fairfax Media Publications Pty Ltd

Defamation action brought by businessman Peter Gregg in the ACT to be heard by a judge alone … Fairfax Media’s “change of heart” without explanation came too late, says Justice Steven Rares ... more

Interlocutory    December 6, 2016  
Defamation watch list

NSW Defamation List Judge Lucy McCallum dispenses with several interlocutory decisions – referring one matter to mediation and directing most pleaded imputations in two other matters to the jury ... more

Interlocutory    November 16, 2016  
Graeme Cowper v Fairfax Media Publications Pty Ltd & Ors; Graeme Cowper v Australian Broadcasting Corporation

Fairfax and ABC refused leave to amend defence just days before trial … NSW Supreme Court Justice Stephen Rothman also rejects a bid by the defendants to vacate the trial date and one by the plaintiff for disclosure of sources ... more

Interlocutory    November 15, 2016  
Edward Kang v Channel Seven Sydney & Ors

“Reluctant gladiator” and migration agent has a third set of defamation proceedings struck out and dismissed for lack of compliance … Failure to serve the statement of claim after nine months is “unacceptable” says NSW District Court Judge Judith Gibson ... more

Interlocutory    November 7, 2016  
Stephen Dank v Nine Network Australia Pty Ltd

The man who was awarded zero damages after being defamed in The Daily Telegraph has his final two defamation actions dismissed … A woman who has been similarly unsuccessful in her plethora of defamation actions, fails to have judgments against her set aside or stayed ... more

Interlocutory    October 25, 2016  
Ali Mosslmani by his tutor Karout v Australia Pty Ltd, Nationwide News Pty Ltd & Australian Radio Network Pty Ltd

Plenty of action down at the NSW District Court as Judge Judith Gibson strikes out most of the “over-pleaded” imputations brought by a teenager with an extreme “mullet” ... Her Honour also finds that the Reverend Fred Nile “attempted to evade the service of a subpoena” by lawyers for The Canberra Times ... more

Interlocutory    October 21, 2016  
Rodney Culleton v Bradley Kershaw & 17 Ors

No joy for One Nation senator Rod Culleton in progressing his defamation action against 18 defendants … WA Supreme Court refuses him leave to amend and finds he’s out of time in respect of multiple Facebook posts … Carmel Galati reports ... more

Interlocutory    October 11, 2016  
David Adeang v The Australian Broadcasting Corporation

Interesting interlocutory judgment leaves the ABC with half of its contextual truth defence and the Justice Minister of Nauru with two additional imputations … No other defences are pleaded for a Lateline story ... more

Interlocutory    September 12, 2016  
David Hall v TCN Channel Nine Pty Ltd & Anor (No 2)

Another defamation action brought by a (largely) self-represented plaintiff is dismissed for lack of compliance … After several years in the courts, Channel Nine is off the hook over “banned builder” Current Affair story ... more

Interlocutory    September 12, 2016  
Lloyd Rayney v The State of Western Australia (No 7)

A Perth barrister who was acquitted of murdering his wife wins his application for a judge-alone defamation trial … There was too much adverse publicity for Lloyd Rayney to receive a fair jury trial … Jonelle Di Lena reports ... more

Interlocutory    September 1, 2016  
Serge Benhayon v Esther Rockett

A blogger who posted and tweeted items critical of an “esoteric cult leader” has held onto her contextual truth defence … Justice Lucy McCallum finds six imputations capable of arising, and the plaintiff concedes another ... more

Interlocutory    August 26, 2016  
George Alex v Fairfax Media Publications Pty Ltd & Ors

NSW District Court Judge Judith Gibson dismisses six separate defamation actions brought by alleged underworld figure George Alex for want of prosecution … The plaintiff is nowhere to be seen ... more

Interlocutory    August 19, 2016  
Keshwar Baboolal v Fairfax Digital Australia & New Zealand and Ors

QLD Supreme Court follows Victorian Court of Appeal ruling and refuses to strike out the so-called Hore-Lacy truth defence pleaded by Fairfax Media … It is a substantive defence available under the common law in that state ... more

Interlocutory    August 8, 2016  
Quan Pham v Legal Services Commissioner

The Victorian Supreme Court has struck out a defamation claim brought by a solicitor who was found guilty of professional misconduct … The imputations aren’t capable of arising ... more

Interlocutory    August 1, 2016  
Kenneth Rothe v David Scott

Interesting interlocutory judgment on telephone evidence over defamatory Facebook post … Judge Judith Gibson rules the plaintiff out, but his two witnesses in … The trial proceeds, even without the plaintiff’s evidence ... more

Interlocutory    July 20, 2016  
Lloyd Rayney v Mark Reynolds

A Perth barrister acquitted of murder in 2012 has been given extra time to serve a writ on a forensic investigator whom he claims re-asserted his guilt at a conference in 2014 ... more

Interlocutory    July 8, 2016  
Elsa van Garderen v Channel Seven Melbourne Pty Ltd & Ors

The failure of a plaintiff’s lawyers to file proceedings within time, notwithstanding “unfortunate events”, results in an application for an extension of time being dismissed … “A litigant who postpones commencement of an action acts at his or her own peril” ... more

Interlocutory    July 3, 2016  
Yosef Feldman v The Guardian News & Media Limited & Melissa Davey

A Sydney rabbi’s defamation action against The Guardian has been permanently stayed … He had previously agreed to settle the matter, notwithstanding that a deed of release remains unsigned ... more

Interlocutory    July 1, 2016  
The Registered Clubs Association of NSW v Australian Broadcasting Corporation

ABC questions the right of Clubs NSW to sue in defamation … NSW Supreme Court Justice Lucy McCallum orders discovery to prove it is an excluded corporation under the Defamation Act 2005 ... more

Interlocutory    June 28, 2016  
William Schoch v Clive Palmer

QLD Supreme Court determines that Clive Palmer’s former resort manager cannot sue the businessman and politician over three of five allegedly defamatory publications … The plaintiff is out of time and should have put Palmer on notice … Hannah Ryan reports ... more

Interlocutory    June 9, 2016  
Rhondalynn Korolak v Bauer Media Pty Ltd

NSW Defamation List Judge Judith Gibson enters a verdict for the defendant in proceedings brought against Take 5 magazine … “This is one of those rare cases where no defamatory meaning of any kind is capable of arising” ... more

Interlocutory    May 31, 2016  
Rosanna Capolingua v Nationwide News Pty Ltd

High-profile Western Australian medical practitioner succeeds in striking out Nationwide News’ Polly Peck defence, but fails to get the same result for both forms of qualified privilege ... more

Interlocutory    May 22, 2016  
William Shea & Anor v News Ltd & Ors (No 2)

WA Supreme Court rules on the “juvenile good reputations” of two unnamed plaintiffs who were youths at the time of publication … The plaintiffs can lead evidence that they were “law-abiding children” ... Rico Jedrzejczyk reports ... more

Interlocutory    May 17, 2016  
Yeun Sook Park v Bonnie Hoijung Lee & Kyung-Gon Park

Proceedings brought in the NSW District Court over witness statements published in South Korea are struck out on all grounds – lack of jurisdiction, proportionality, unacceptable delay and inadequacy of pleadings ... The defendants get indemnity costs ... more

Interlocutory    May 16, 2016  
Edward (Eddie) Kang v Immigration News Pty Ltd and Carl Konrad

Another defamation action brought by immigration agent Eddie Kang is dismissed, this time in the NSW District Court … The plaintiff “is just as likely to be unready on the next occasion as he is on this occasion” ... more

Interlocutory    May 2, 2016  
Ross Leighton v Clive Garnham & Ors

Defamation action brought by a would-be developer against members of a community action group is dismissed for want of prosecution … WA Supreme Court Justice Rene Le Miere likens the action to a “SLAPP” suit ... more

Interlocutory    April 15, 2016  
Denis Wagner & Ors v Nine Network Australia & Ors

QLD Supreme Court judge strikes out three imputations pleaded by four Wagner brothers over a 60 Minutes story on the fatal Grantham flood of 2011 … The word “responsible” is inherently ambiguous ... more

Interlocutory    April 6, 2016  
Alaa Alawadi v Widad Kamel Farhan t/as The Australian Arabic Panorama Newspaper

Self-styled “spiritual therapist” gets short shrift in the NSW District Court as Judge Judith Gibson strikes out all but one of his claims against Arabic newspaper, Panorama ... more

Interlocutory    April 5, 2016  
Hyung Sup Lee v Sam Yeol Cho

Summary dismissal for yet another poorly prosecuted defamation action in the NSW District Court … Former Greens leader Christine Milne fails to garner indemnity costs against Holocaust denier Dr Frederick Toben ... more

Interlocutory    March 14, 2016  
Tobias Moran v Schwartz Publishing Pty Ltd & Virginia Peters (No 5)

One time murder suspect is refused a judge-alone trial on the basis that his application is premature … WA Supreme Court Justice Ken Martin explains why he would reject it anyway ... more