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Appeals Articles from 2014
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Appeals    December 2, 2014  
Katie Milne v Bob Ell

NSW of Court of Appeal attempts to put a brake on further legal action between Greens councillor Katie Milne and property developer Bob Ell … Both applications for leave to appeal are refused, along with any order as to costs ... more

Appeals    November 26, 2014  
John Setka v Tony Abbott MP and Australian News Channel Pty Ltd

Unionist John Setka’s defamation action against Tony Abbott suffers another blow … Victorian Court of Appeal affirms the validity of the Hore-Lacy defence in that jurisdiction … Daniel Stuk reports ... more

Appeals    November 10, 2014  
Born Brands Pty Ltd & Ors v Nine Network Australia Pty Ltd & Ors

The makers of a baby sleep positioner Channel Nine News reported as being linked to sudden infant death syndrome lose their appeal, despite the NSW Court of Appeal disagreeing with several of the trial judge’s findings … Rico Jedrzejczyk reports … more

Appeals    September 4, 2014  
Stephen Dank v Cronulla Sutherland District Rugby League Football Club, Phil Rothfield and Damian Irvine

Controversial sports scientist Stephen Dank has failed in his attempt to overturn the dismissal of his defamation proceedings against the Cronulla Sharks Rugby League Club, its former boss and a News Corp journalist … Rico Jedrzejczyk reports ... more

Appeals    June 24, 2014  
Lower Murray Urban and Rural Water Corporation v Di Masi, Belbin and Marcianao

Victoria’s Court of Appeal dismisses three appeals by a government corporation over a defamatory letter ostensibly published “for the information of the public” ... Laurence Maher reports on a decision with interesting implications for website posts ... more

Appeals    April 22, 2014  
Dr Ratna Ghosh & Anor v NBN Limited & Ors

A Newcastle doctor who has multiple legal proceedings afoot, has her appeal dismissed over a defamation action she launched against NBN TV, News Ltd and others … Judge warns against self-representation ... more

Appeals    April 1, 2014  
Andrew Holt v TCN Channel Nine Pty Ltd, Nine Network & Ben Fordham

NSW Court of Appeal dismisses appeal brought by a man awarded $4500 for defamation by Channel Nine … The primary judge, Christine Adamson, also got it right when she ordered Nine to pay only half of his costs on a party/party basis ... more

Appeals    March 28, 2014  
Sylvia Enders v Erbas & Associates Pty Ltd & Anor

NSW Court of Appeal upholds defences of qualified privilege for an intra-office email … Acting appeal judge Murray Tobias affirms that it wasn’t necessary to get the plaintiff’s side of the story before publication … Rico Jedrzejczyk reports … more

Appeals    March 18, 2014  
Today FM (Sydney) Pty Ltd v Australian Communications and Media Authority

Radio station 2Day FM off the hook over royal prank call as the Full Federal Court rules that the Australian Communications and Media Authority had no authority to find it committed a criminal offence … Rebecca Gall reports ... more

Appeals    March 12, 2014  
Dr Fredrick Toben v Senator Christine Milne

NSW Court of Appeal delivers a mixed result in Holocaust denier’s proceedings against Senator Christine Milne … And refuses a Wollongong vascular surgeon who lost his case against a colleague leave to appeal ... more

Appeals    February 17, 2014  
Dr Stephen Prince v Dr John Malouf

Ear, nose and throat surgeons’ appeal and cross-appeal result in a victory for common law qualified privilege … Doctor-patient relationship key as damages are cut from $138,500 to $20,000 ... more

Appeals    January 31, 2014  
Keysar Trad v Harbour Radio Pty Ltd

Controversial Muslim community spokesman Keysar Trad loses a second appeal over allegations aired by 2GB … It is true that he is a dangerous and disgraceful individual who incites people to commit acts of violence and have racist attitudes ... more