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Appeals Articles from 2012
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Appeals    November 30, 2012  
Pat O'Shane v Harbour Radio Pty Ltd & Alan Jones

The NSW Court of Appeal insists it will decide all questions raised by magistrate Pat O’Shane in her defamation action against 2GB and its leading shock jock Alan Jones – including whether she is legally “debarred” from bringing it in the first place ... more

Appeals    November 1, 2012  
Matthew Hyndes v Nationwide News Pty Ltd

Former diplomat The Australian said had “knowingly assisted drug dealers” loses his appeal … NSW Court of Appeal finds ample evidence for the jury’s findings of truth ... more

Appeals    September 24, 2012  
The Age Company Ltd v Helen Liu and the NSW Attorney General

The Age appeals an order to disclose the sources of a story alleging Chinese businesswoman Helen Liu bribed former defence minister Joel Fitzgibbon … Newspaper rule tested … Liu’s barrister removes himself for part of the argument ... more

Appeals    September 19, 2012  
Pat O'Shane v Harbour Radio Pty Ltd & Alan Jones

NSW Court of Appeal to re-hear case brought by controversial magistrate Pat O’Shane against 2GB and Alan Jones … Judicial immunity, truth and implied freedom of political communication all at stake in prickly exchanges between bar and bench ... more

Appeals    September 6, 2012  
Matthew Hyndes v Nationwide News Pty Ltd

Former Bangkok-based diplomat Dr Matthew Hyndes appeals the loss of his defamation action against The Australian ... A jury’s finding that he helped lend money to drug dealers was unreasonable, according to his barrister Kieran Smark SC ... more

Appeals    August 30, 2012  
Nicole Cornes v The Ten Group Pty Ltd & Mick Molloy

No joke … SA’s Full Court dismisses appeal brought by Channel Ten and comedian Mick Molloy … Molloy’s remark that former federal Labor candidate Nicole Cornes had committed adultery was not said in jest ... more

Appeals    July 27, 2012  
Vivienne Dye v Commonwealth Bank of Australia, Barbara Chapman & Ors

Vivienne Dye represents herself in an appeal over costs, and loses … The pert plaintiff who was found to have fabricated allegations of sexual harassment must pay $265,000 for her wasted defamation proceedings in the Supreme Court ... more

Appeals    July 10, 2012  
Daily Examiner Pty Ltd v Lana Mundine; Avery Brown v Lana Mundine

North coast newspaper The Daily Examiner and Aboriginal affairs advocate lose application for an extension of time to appeal … NSW Court of Appeal dismisses “responsible journalism” defence to find prejudice and a lack of merit ... more

Appeals    June 27, 2012  
Norman Carey v Australian Broadcasting Corporation

Failed WA businessman Norm Carey has lost his bid to sue the ABC in NSW because he was out of time … NSW Court of Appeal finds no good reason to grant him an extension ... more

Appeals    June 25, 2012  
Charmyne Palavi v Queensland Newspapers Pty Ltd & Anor

Hot on the heels of her defamation defeat against 2UE, self-styled NRL “cougar” Charmyne Palavi loses her appeal over proceedings against The Courier-Mail ... more

Appeals    June 7, 2012  
Alan Bristow v Tracy Adams

NSW Court of Appeal unanimously allows an appeal by a man whose case was wrongly dismissed because he hadn’t proved damage to reputation … NSW District Court Judge Len Levy’s reasoning was “fundamentally incorrect” ... more

Appeals    May 22, 2012  
Dr Yolande Lucire v Dr Julian Parmegiani & Medical Council of NSW

NSW Court of Appeal finds a psychiatrist’s letter of complaint to the NSW Medical Board about a colleague isn’t protected by absolute privilege – statutory or common law ... more

Appeals    May 22, 2012  
Fred David & Suzy David v Youeil Abdishou & Ors

“Contrary to all existing principle” ... NSW Court of Appeal dismisses “novel” appeal brought by former solicitors for Karl Suleman over jury decision … The mere circulation of allegedly defamatory material is not publication ... more

Appeals    May 15, 2012  
Paul Putland v Joseph Nowak

QLD Court of Appeal overturns $150,000 damages award in relation to “paedophile” and “wog” allegations … Court spares no criticism of the trial judge Clive Wall and orders a re-trial ... more

Appeals    May 11, 2012  
Association of Quality Child Care Centres of NSW v Bruce Manefield

Child care association loses appeal over the $150,000 damages awarded for a defamatory email circulated to its members … NSW Court of Appeal finds Child Care NSW was indeed trying to stifle competition ... more

Appeals    April 26, 2012  
John Fleming v Advertiser-News Weekend Publishing Company Pty Ltd & Anor

Adelaide’s Sunday Mail loses appeal over use of pseudonyms in former Anglican priest’s defamation case … SA Supreme Court Justice David Peek says Father John Fleming should know the identities of his accusers ... more

Appeals    April 23, 2012  
Fairfax Digital & Ors v District Court of NSW & Ors

Media companies appeal internet take-down order issued by NSW District Court Judge James Bennett on the basis that it is “futile”. Is it a super-injunction? And can three men accused of conspiracy to murder get a fair trial? ... more

Appeals    April 13, 2012  
Charmyne Palavi v Queensland Newspapers & News Digital Media

Charmyne Palavi has another crack at defamation satisfaction in the NSW Court of Appeal … Should Justice Nicholas have struck out her claim against The Courier Mail? ... more