Vivienne Dye represents herself in an appeal over costs, and loses … The pert plaintiff who was found to have fabricated allegations of sexual harassment must pay $265,000 for her wasted defamation proceedings in the Supreme Court ... more
Category: Appeals
Daily Examiner Pty Ltd v Lana Mundine; Avery Brown v Lana Mundine
North coast newspaper The Daily Examiner and Aboriginal affairs advocate lose application for an extension of time to appeal … NSW Court of Appeal dismisses “responsible journalism” defence to find prejudice and a lack of merit ... more
Norman Carey v Australian Broadcasting Corporation
Failed WA businessman Norm Carey has lost his bid to sue the ABC in NSW because he was out of time … NSW Court of Appeal finds no good reason to grant him an extension ... more
Charmyne Palavi v Queensland Newspapers Pty Ltd & Anor
Hot on the heels of her defamation defeat against 2UE, self-styled NRL “cougar” Charmyne Palavi loses her appeal over proceedings against The Courier-Mail ... more
Alan Bristow v Tracy Adams
NSW Court of Appeal unanimously allows an appeal by a man whose case was wrongly dismissed because he hadn’t proved damage to reputation … NSW District Court Judge Len Levy’s reasoning was “fundamentally incorrect” ... more
Dr Yolande Lucire v Dr Julian Parmegiani & Medical Council of NSW
NSW Court of Appeal finds a psychiatrist’s letter of complaint to the NSW Medical Board about a colleague isn’t protected by absolute privilege – statutory or common law ... more
Fred David & Suzy David v Youeil Abdishou & Ors
“Contrary to all existing principle” ... NSW Court of Appeal dismisses “novel” appeal brought by former solicitors for Karl Suleman over jury decision … The mere circulation of allegedly defamatory material is not publication ... more
Paul Putland v Joseph Nowak
QLD Court of Appeal overturns $150,000 damages award in relation to “paedophile” and “wog” allegations … Court spares no criticism of the trial judge Clive Wall and orders a re-trial ... more
Association of Quality Child Care Centres of NSW v Bruce Manefield
Child care association loses appeal over the $150,000 damages awarded for a defamatory email circulated to its members … NSW Court of Appeal finds Child Care NSW was indeed trying to stifle competition ... more
John Fleming v Advertiser-News Weekend Publishing Company Pty Ltd & Anor
Adelaide’s Sunday Mail loses appeal over use of pseudonyms in former Anglican priest’s defamation case … SA Supreme Court Justice David Peek says Father John Fleming should know the identities of his accusers ... more
Fairfax Digital & Ors v District Court of NSW & Ors
Media companies appeal internet take-down order issued by NSW District Court Judge James Bennett on the basis that it is “futile”. Is it a super-injunction? And can three men accused of conspiracy to murder get a fair trial? ... more
Charmyne Palavi v Queensland Newspapers & News Digital Media
Charmyne Palavi has another crack at defamation satisfaction in the NSW Court of Appeal … Should Justice Nicholas have struck out her claim against The Courier Mail? ... more