Appeals    July 14, 2024

Lakaev v McConkey

Tasmanian Supreme Court ... Psychologist has appeal dismissed for want of prosecution ... Sought to appeal dismissal of action brought against former self-development community adherent ... Sought to challenge findings of justification for sixteen imputations ... Little prospects of success ... Prejudice to respondent ... Courts Editor Stephen Murray reports ... more

 

Appeals    June 26, 2024

Poland v Hedley

The Court of Appeal (Western Australia) ... Developer has another chance at repleading defamation and conspiracy claims with proper particulars ... Appeals court says nothing in primary decision precludes further application for leave to replead ... Arguable question of whether political respondents were publishers ... Courts Editor Stephen Murray reports ... more

 

Appeals    June 19, 2024

Seven Network (Operations) Limited & Anor v Mina Greiss

Federal Court ... Seven Network and its Sydney courts reporter Leonie Ryan are appealing award of damages to Mina Greiss ... No distinction between "spat at" and "spat towards" ... Issue with costs ... Greiss has filed a cross-appeal saying errors in finding he stared at rape complainant and was angry ... Seeks re-assessment of damages ... Courts Editor Stephen Murray reports ... more

 

Appeals    June 19, 2024

Bruce Lehrmann v Network Ten Pty Limited & Anor

Federal Court ... Lisa Wilkinson files notice of contention in appeal brought by former Liberal staffer Bruce Lehrmann ... Wilkinson takes issue with rejection of her qualified privilege defence ... Takes issue with findings critical of her conduct in getting the broadcast to air ... Courts Editor Stephen Murray reports ... more

 

Appeals    June 2, 2024

Bruce Lehrmann v Network Ten Pty Limited & Anor

Federal Court ... Bruce Lehrmann lodges notice of appeal over dismissal of his defamation claim against Network Ten and Lisa Wilkinson ... Network Ten reports Lehrmann acting for himself in appeal ... Application for security for costs likely hurdle ... Courts Editor Stephen Murray reports ... more

 

Appeals    May 21, 2024

Wright v De Kauwe (No 2)

Court of Appeal (WA) ... Former company director loses appeal over valuation of lost option on shares ... Media and investor relations advisor loses appeal over whether he was publisher of announcement to the ASX ... Directors lose appeal over whether directors fees were lost ... Courts Editor Stephen Murray reports ... more

 

Appeals    April 17, 2024

Selkirk v Wyatt

Federal Court ... Sydney solicitor loses Full Court appeal on serious harm element ... Full Court rules s.10A of the Defamation Act does away with common law presumption of damage, and any presumption of good reputation ... Evidence of bad prior reputation can be taken into account ... Courts Editor Stephen Murray reports ... more

 

Appeals    April 4, 2024

Howe v Zuchowski

Victorian Court of Appeal ... Local councillor has damages awarded against him reduced to $70,000 after appeal ... Manifestly excessive ... Fails on other grounds of appeal ... He loses cross-appeal after Court of Appeal finds qualified privilege defences made out ... Courts Editor Stephen Murray reports ... more

 

Appeals    February 17, 2024

Whittington v Newman

NSW Court of Appeal ... Child rescue specialist fails to obtain leave to appeal ... Challenge on procedural fairness grounds ... Concerns notice served after decision on draft statement of claim reserved ... Serious harm element can be inferred ... Courts Editor Stephen Murray reports ... more

 



Appeals    February 13, 2024

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Full Court of Federal Court ... Seventh day of submissions in Ben Roberts-Smith's appeal against dismissal of defamation action ... Nicholas Owens SC continues submissions for respondents ... Addresses court on killing of man with prosthetic leg at Whiskey 108 ... Makes submissions on death of Ali Jan at Darwan ... Courts Editor Stephen Murray reports ... more