Appeals    March 9, 2022

Cheng v Pan; Cheng v Zhou

NSW Court of Appeal ... Appeal from Supreme Court defamation decision dismissed ... Charity and two community leaders defamed ... Anonymous letter-writing campaign to community leaders ... Once established the appellant had published some of the defamatory imputations, conclusion she published the remaining letters inevitable ... Codey Swadling reports ... more

 

Appeals    February 8, 2022

Facebook Inc v Australian Information Commissioner

Full Federal Court rejects appeal from Facebook Inc over leave to serve originating process ... Facebook Inc ruled to carry on business in Australia by virtue of data processing agreement with Facebook Ireland, use of cookies and interface for app developers ... Ruled to collect personal information through cookies ... Courts Editor Stephen Murray reports ... more

 

Appeals    January 25, 2022

Sarina v O’Shannassy

Two Sydney businessmen win appeal over defamatory emails from estranged business partner ... "Catastrophe" for all parties ... Trial judge lost sight of wood for the trees ... New trial on damages ordered ... Courts Editor Stephen Murray reports ... more

 

Appeals    December 22, 2021

Shane Bazzi v Peter Dutton

Federal Court ... Refugee activist Shane Bazzi to appeal judgment he defamed Defence Minister Peter Dutton ... Dutton sued over "rape apologist" tweet"... Bazzi claims error in finding he conveyed imputation Dutton excuses rape ... Courts Editor Stephen Murray reports ... more

 

Appeals    December 15, 2021

Google LLC v Defteros

High Court of Australia ... Grant of special leave in Google v Defteros ... Threshold question of whether "neutral" hyperlinks are defamatory ... Application of Canadian case Crookes v Newton ... Opportunity for clear statement of law ... Courts Editor Stephen Murray reports ... more

 

Appeals    September 24, 2021

John Herron & Anor v HarperCollins Publishers Australia & Anor

Federal Court ... Retired doctor John Gill's appeal over Deep Sleep account raises constitutional issue ... Section 78B notices issued to Attorneys-General ... Argument arises from intersection of Judiciary Act, Evidence Act and NSW's Royal Commissions Act ... Courts Editor Stephen Murray reports ... more

 

Appeals    August 29, 2021

John Herron & Anor v HarperCollins Publishers Australia & Anor

Full Court of the Federal Court ... Counsel for publisher and Steve Cannane argues doctors were not identified as culprits in deaths of "many patients" ... Royal Commission admissibility ... Rebutting challenges to experts, dead and alive ... Courts Editor Stephen Murray reports ... more

 

Appeals    August 26, 2021

John Herron & Anor v HarperCollins Publishers Australia & Anor

Full Court of Federal Court ... Respondents open argument on appeal ... Qualified privilege defence issue ... Journalist Steve Cannane might have done better, but did not act unreasonably ... Entitled to rely on Royal Commission ... Publisher entitled to rely on diligent author ... Courts Editor Stephen Murray reports ... more

 

Appeals    August 24, 2021

John Herron & Anor v HarperCollins Publishers Australia & Anor

Full Court of Federal Court ... Appeal from Chelmsford doctor over account of Deep Sleep Therapy ... Challenge to imputations not found by Justice Jagot to have been conveyed ... Failure to provide opportunity to respond ... Failure to present any positive information available to author ... Challenge to expert reports ... Courts Editor Stephen Murray reports ... more

 

Appeals    August 23, 2021

John Herron & Anor v HarperCollins Publishers Australia & Anor

Full Court of Federal Court ... Appeal over dismissal of defamation claim by former Chelmsford doctors ... Bret Walker SC: Justice Jagot erred in allowing Royal Commission evidence from doctors to be used against them ... No evidence of HarperCollins' state of mind ... Error in failure to require response to be obtained from doctors ... Courts Editor Stephen Murray reports ... more

 

Appeals    July 21, 2021

Wraydeh v Fairfax Media Publications; Wraydeh v Nationwide News

NSW Court of Appeal ... Wrongly identified man loses appeal over qualified privilege and manifest inadequacy of award ... SMH and Daily Telegraph relied on police media releases ... Overstatement to say only necessary communications must be made to protect the interest that attracts the privilege ... Primary judge entitled to form conclusions on credibility ... No error in contingent assessment of damages or actual award ... Courts Editor Stephen Murray reports ... more

 

Appeals    July 7, 2021

Daniel Schlaepfer v Australian Securities & Investment Commission

NSW Court of Appeal ... Unsuccessful appeal on findings of market manipulation ... Defence of common law qualified privilege upheld ... Court divided on justification defence ... Statutory qualified privilege unavailable in this instance ... Publication and identification established ... ASIC's conversations with brokers ... Anna Kretowicz reports ... more