Appeals    September 5, 2017

Danny Lim v Regina

An activist who displayed a sign calling former Prime Minister Tony Abbott a “C-NT” wins appeal over a conviction for offensive language … NSW District Court Judge Andrew Scotting held that it was only “marginally offensive” and protected by freedom of political communication … Sally McCausland reports ... more

 

Appeals    July 7, 2017

Scott Hunter v Dr Benjamin Hanson

A man who sent defamatory letters about a doctor to the Health Care Complaints Commission and the NSW Medical Board is refused leave to appeal $68,000 in damages … Absolute privilege doesn’t apply and the quantum is appropriate ... more

 

Appeals    June 8, 2017

Yosef Feldman v GNM Australia Ltd

Sydney rabbi wins an appeal over the permanent staying of his defamation action against The Guardian (Australia) ... Failure to publish an agreed statement critical … Judgment has implications for settlement negotiations … Sebastian Tonkin reports ... more

 

Appeals    June 8, 2017

Christopher Daunt Watney v Janet Kencian & Anor

QLD Court of Appeal finds that a jury’s determination that imputations pleaded by a school principal were not defamatory was perverse … The court leaves for another day the question as to whether the Jameel principle applies in Queensland … Patrick McCafferty reports ... more

 

Appeals    May 2, 2017

Natalie O’Brien v Australian Broadcasting Corporation

A rare win for the comment/honest opinion defence is appealed in the NSW Supreme Court … Did the ABC’s Media Watch host Paul Barry base his comments on proper material? ... Natalie O’Brien, the journalist who was defamed, fights back ... more

 

Appeals    April 22, 2017

Quan Pham v Legal Services Commissioner

Victorian solicitor found guilty of professional misconduct and who unsuccessfully sued over a report on the Legal Services Commissioner’s website refused leave to appeal … His imputations are not capable of being conveyed ... more

 

Appeals    April 21, 2017

Nationwide News Pty Ltd v Malcolm Weatherup

The Australian loses appeal over jury verdict which found it was untrue a former Townsville Bulletin court reporter was “habitually intoxicated” ... QLD Supreme Court Justice Peter Applegarth finds the jury’s verdict reasonable in all but one instance ... more

 

Appeals    January 24, 2017

Google Inc v Milorad Trkulja

Interesting decision by the Victorian Court of Appeal finds for Google – not on the basis that it isn’t a primary publisher – but because the particular search engine results aren’t capable of being defamatory … Long-running case brought by previously successful plaintiff may end up in the High Court ... more

 

Appeals    November 30, 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