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Appeals Articles from 2015
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Appeals    December 4, 2015  
Edward Kang v Australian Broadcasting Corporation

A migration agent whose case against the ABC was dismissed for want of compliance, loses his appeal …. NSW Court of Appeal judge John Basten gives Edward Kang’s submissions short shrift ... more

Appeals    November 16, 2015  
Milorad Trkulja v Srboljub Markovic

Self-represented litigant loses appeal over allegations of unfairness … Victorian Court of Appeal examines the guidelines for hearing such cases, in this case in the absence of transcript of the whole trial ... more

Appeals    November 3, 2015  
Janet Kencian & Anthony Wooley v Christopher Daunt Watney

QLD Court of Appeal compels school principal to have his defamation action against the parents of two children at his school tried by a jury … The primary judge allowed “extraneous or irrelevant matters” to affect his decision ... more

Appeals    October 30, 2015  
Dr Ratna Ghosh v Nine MSN Pty Ltd & Ors

Newcastle doctor Dr Ratna Ghosh has had the dismissal of her proceedings against Channel Nine upheld by the NSW Court of Appeal … NSW District Court Judge Judith Gibson was right to find the plaintiff’s conduct an abuse of process ... more

Appeals    October 25, 2015  
Harbour Radio Pty Ltd v Kim Ahmed

The large amount of damages awarded to a Carlingford fish shop owner defamed by 2GB’s Ray Hadley to be re-assessed …. NSW Court of Appeal finds some of the broadcaster’s defamatory remarks were, arguably, honest opinion … Rebecca Gall reports ... more

Appeals    September 22, 2015  
The Federal Capital Press of Australia Pty Ltd v Robert Balzola

Another nail in the coffin for the contextual truth defence in NSW as the Court of Appeal refuses Capital Press leave to appeal two decisions of the NSW District Court ... more

Appeals    September 14, 2015  
Shift2Neutral Pty Ltd v Fairfax Media Publications Pty Ltd

NSW Court of Appeal dismisses appeal brought by a carbon credit company The Sydney Morning Herald accused of selling worthless carbon offsets… Justice Henric Nicholas’ findings of fact and truth were correct ... more

Appeals    September 9, 2015  
AstraZeneca AB v Apotex Pty Ltd

High Court ends patent validity case brought by the manufacturers of cholesterol lowering drug … Patent fails on obviousness as a plain English approach to the statute prevails … Rocco Rinaldo reports ... more

Appeals    August 24, 2015  
Fairfax Media Publications Pty Ltd & Anne Davies v Melinda Pedavoli

Fairfax loses appeal over $350,000 damages awarded to a unnamed schoolteacher it falsely accused of sexually preying on her students … Identification is established after publication and an award of aggravated damages is justified due to the publisher’s conduct ... more

Appeals    August 17, 2015  
Demetrios Vakras and Lee-Anne Raymond v Robert Cripps

Victoria’s Court of Appeal orders re-trial of a case which reaped substantial damages for a gallery owner who was compared to Hitler by two artists … Rebecca Gall reports ... more

Appeals    July 17, 2015  
Stephen Dank v Phil Rothfield

NSW Court of Appeal declines leave to appeal the (second) striking out of beleaguered “sports scientist” Stephen Dank’s claim against Sunday Telegraph journalist Phil Rothfield … “It raises no issue of appeal and no significant injustice is caused…” ... more

Appeals    June 8, 2015  
Fairfax Media Publications Pty Ltd v Dr Edmund Bateman

Another nail in the coffin for the Hore-Lacy defence … NSW Court of Appeal finds (by majority) that it is not available in the jurisdiction… Justice Ruth McColl disagrees and calls for the rules to be revised … Rebecca Gall reports ... more

Appeals    May 22, 2015  
David Barrow v Andrew Bolt & The Herald & Weekly Times Pty Ltd

A man who lost his defamation action against conservative commentator Andrew Bolt has been refused leave to appeal … The Victorian Court of Appeal is unanimous in finding there was no malice on Bolt’s part and the defamation was trivial ... more

Appeals    April 27, 2015  
David Jeffrey & Thomas Curnow v Virginia Giles; Virginia Giles v David Jeffrey & Thomas Curnow

Appeal over modest damages for campaign of online defamation results in substantial increase … The original damages “border on derisory” says Victoria’s Court of Appeal … The respondent’s cross-appeal on costs fails ... more

Appeals    April 17, 2015  
Aleksandra & Ljiljana Gacic & Branislav Ciric v John Fairfax Publications Pty Ltd & Matthew Evans

Twelve years after a scathing restaurant review in The Sydney Morning Herald, three former restaurateurs succeed in having their damages increased, with interest backdated four years … Fairfax accused of “high-handed conduct” ... more

Appeals    April 8, 2015  
Derick Sands v State of South Australia

Former photographer loses his appeal over a police press conference which identified him as a “primary suspect” in the 1997 murder of a model … All grounds for appeal are dismissed… Rico Jedrzejczyk reports ... more

Appeals    March 24, 2015  
Peter Cruddas v Jonathan Calvert, Heidi Blake and Times Newspapers Ltd

UK Court of Appeal finds the former Conservative Party co-Treasurer Peter Cruddas behaved corruptly in offering “access for cash” and reduces his damages to £50,000 … Malice on the part of two Sunday Times journalists is upheld … This case note and comment from Inforrm ... more

Appeals    February 18, 2015  
Nationwide News Pty Ltd v Darren Hibbert

Nationwide News refused leave to appeal imputations pleaded by a “mystery man” The Daily Telegraph accused of obtaining illegal drug supplements for Manly and Cronulla players ... more