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Appeals Articles from 2017
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Appeals    April 21, 2017  
Nationwide News Pty Ltd v Malcolm Weatherup

The Australian loses appeal over jury verdict which found it was untrue a former Townsville Bulletin court reporter was “habitually intoxicated” ... QLD Supreme Court Justice Peter Applegarth finds the jury’s verdict reasonable in all but one instance ... more

Appeals    March 8, 2017  
Chief of the Defence Force v Bernard Gaynor

The Full Court of the Australian Federal Court has found an Army Reserve officer whose commission was terminated after he refused to stop espousing “extreme” anti-gay and anti-Muslim views, did not have a constitutional “right” to express his opinions … Lange implied freedom of political communication was wrongly determined at the first instance ... more

Appeals    February 21, 2017  
Madura Perera v Genworth Financial Mortgage Insurance Pty Ltd

A Sydney property valuer wins appeal over the striking out of his defamation claim … His clumsily pleaded claim in respect of identification and defamatory meanings could be “easily remedied” ... Naaman Zhou reports ... more

Appeals    February 21, 2017  
Yosef Feldman v Vic Alhadeff

Sydney rabbi loses appeal over the dismissal of another of his defamation claims – this one against the chief executive officer of the Jewish Board of Deputies … Naaman Zhou reports ... more

Appeals    January 24, 2017  
Google Inc v Milorad Trkulja

Interesting decision by the Victorian Court of Appeal finds for Google – not on the basis that it isn’t a primary publisher – but because the particular search engine results aren’t capable of being defamatory … Case brought by previously successful plaintiff may end up in the High Court ... more