Category: Appeals

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

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

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

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

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

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

“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

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

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

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

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

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