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Appeals Articles from 2016
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Appeals    November 29, 2016  
Lynda Meegan v Times Newspapers Ltd

Recent Court of Appeal judgment from Ireland prevents defamation plaintiff from obtaining a journalist’s notes … Section 26 defence of reasonable publication was not put precisely enough … This case note by Mike Dodd of Media Lawyer ... more

Appeals    November 7, 2016  
Dr Fredrick Toben v Nationwide News & Ors

“Holocaust philosopher” loses appeal over the permanent staying of his defamation action against The Australian and former Greens leader Christine Milne … NSW Court of Appeal also finds he was seeking to use the court to espouse anti-Semitic views, contrary to Federal Court orders ... more

Appeals    October 20, 2016  
Brett Smith v Ken Lucht

Ipswich solicitor who was likened to The Castle’s bumbling lawyer “Dennis Denuto” loses appeal over the dismissal of his defamation action … The defence of triviality holds … QLD Court of Appeal finds “harm” in section 33 applies only to reputation, not to hurt feelings ... more

Appeals    October 18, 2016  
Tony Zoef v Nationwide News Pty Ltd

Case of mistaken identity ends in damages of $150,000 for an elderly suburban tailor accused of being a gunrunner and arms dealer … NSW Court of Appeal finds The Daily Telegraph’s offer of amends was unreasonable in the circumstances ... more

Appeals    September 30, 2016  
Father John Fleming v Advertiser-News Weekend Publishing Company Pty Ltd & Anor

Catholic priest loses appeal over the dismissal of his defamation action … The trial judge had “clear and cogent evidence” upon which to base “compelling” truth findings about the plaintiff’s sexual misconduct, including that he had sexual relations with a teenage girl ... more

Appeals    September 29, 2016  
Adriana Kostov v FanFan Zhang & Ors

Leave to appeal refused for defamation and injurious falsehood actions that a plaintiff sought to have transferred from the NSW District Court to the NSW Supreme Court … Her grounds were “prolix and difficult to understand” ... more

Appeals    September 8, 2016  
Andrew Cornwell v Channel Seven Sydney Pty Ltd

Former NSW Liberal MP Andrew Cornwell loses appeal over a contextual truth imputation pleaded by Channel Seven … A jury could find him “dishonest” generally, as well as “in addition to” specific forms of misconduct ... more

Appeals    September 2, 2016  
Bassem Abou-Lokmeh v Harbour Radio Pty Ltd

Appeal to strike out contextual truth and “reply to attack” defences fails on all grounds … NSW Court of Appeal determines that the “reply to attack” defence includes third parties … Naaman Zhou reports ... more

Appeals    August 18, 2016  
Fairfax Media Publications v Antonio & Benjamin Zeccola

NSW Court of Appeal allows contextual imputation appeal by Fairfax, in part … General contextual imputations are permitted, but a contextual imputation of reasonable suspicion must be attributed to an individual … Naaman Zhou reports ... more

Appeals    August 15, 2016  
Gabriella Piscioneri v Anthony Brisciani (No 4)

The ACT Court of Appeal unanimously upholds the $82,000 awarded to a former lawyer defamed by posts on an online forum … The trial judge was correct on all counts – imputations, defences and damages ... more

Appeals    July 16, 2016  
Fredrick Toben v Nationwide News & Ors

The NSW Court of Appeal hears submissions on the “obvious truth” of the Holocaust and the logical inconsistency of alleged Holocaust denier Dr Fredrick Toben’s position … Was the permanent staying of his defamation action justified? Hannah Ryan reports ... more

Appeals    July 6, 2016  
Charles Dupois v Queensland Television Ltd & Ors

The QLD Court of Appeal has refused to strike out particulars of a plaintiff’s criminal convictions from the defence … The plaintiff raised them himself … Rebecca Gall reports ... more

Appeals    June 10, 2016  
Machado & Anor v Underwood & Anor

SA defamation case involving “Banjo” the koala, an activist and a bureaucrat ends with the plaintiff’s damages halved on appeal … The appellant’s “duelling Banjos” submission adds to aggravation … Hannah Ryan reports ... more

Appeals    March 29, 2016  
Sandra de Poi v Advertiser-News Weekend Publishing Company Pty Ltd

“Poor journalism and sensationalist captioning” costs The Sunday Mail $75,000 damages (plus costs) on appeal … SA businesswoman Sandra de Poi is not a person lacking integrity ... more

Appeals    March 8, 2016  
Dr Ratna Ghosh v NineMSN Pty Ltd & Ors (No 2)

Newcastle doctor fails to have the dismissal of her appeal set aside … The NSW Court of Appeal rejects her bid for a stay of costs, as well as refusing to order that her former counsel pay them ... more

Appeals    January 27, 2016  
Channel Seven Sydney Pty Ltd v Brian Fisher

NSW Court of Appeal (by majority) reduces former school bus driver’s damages from $125,000 to $75,000 … Justice John Basten would have reduced the quantum even further, given the facts Seven proved ... more