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
Category: Appeals
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
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
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
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
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
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
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
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
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
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
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