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Appeals Articles from 2013
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Appeals    October 14, 2013  
Eddy & Jocelyn Younan v Nationwide News Pty Ltd

“Boarding house of death” owners win appeal over identification issue which resulted in their defamation action being dismissed … Leave to amend particulars continues their case against The Daily Telegraph ... more

Appeals    September 30, 2013  
Pat O'Shane v Harbour Radio Pty Ltd & Alan Jones

The NSW Court of Appeal delivers a mixed result for former magistrate Pat O’Shane in her bid to pursue Alan Jones and 2GB in defamation … She can sue, but Harbour Radio can rely on truth, within a limited compass … Constitutionally-implied freedom of speech gets short shrift ... more

Appeals    August 25, 2013  
Coles Supermarkets Australia Pty Ltd v Philip Clarke

Sydney prawn fancier and artist Phil Clarke gets to keep damages of $50,000 – including aggravated damages – despite “unconvincing aspects of the primary judge’s reasoning” ... more

Appeals    April 10, 2013  
Keysar Trad v Harbour Radio Pty Ltd

Three years on and the NSW Court of Appeal is still wrestling with Muslim spokesman Keysar Trad’s controversial views on women, Jews and homosexuals … Justice Murray Tobias reveals what he knows of gay beats … more

Appeals    April 3, 2013  
Lev Mizikovsky v Queensland Television Limited & Ors

The QLD Court of Appeal dismisses an appeal brought by home construction tsar Lev Mizikovsky over a successful contextual truth defence mounted by the Nine Network … His appeal over indemnity costs is, however, upheld ... more

Appeals    February 26, 2013  
David Marshall & Richard Tory v Michael Megna & Russell Lloyd

NSW Court of Appeal determines that the defence of qualified privilege doesn’t apply to “unsolicited personal political views” ... Malice is found, but damages reduced for a series of “vituperative” newsletters ... more