Full Court of the Federal Court ... Son of Kings Cross identity John Ibrahim loses appeal ... Sued over portrayal in wraparound feature on Ibrahim clan ... Argued trial judge erred in failing to find mobster imputations conveyed ... Full Court rejects submission ... Courts Editor Stephen Murray reports ... more
Category: Appeals
Julian Morrow v CJZ Pty Ltd & Anor
High Court ... Television producer Julian Morrow seeks High Court special leave ... Seeks to overturn NSW Court of Appeal decision dismissing his claim in defamation ... Argues Court erred in distinguishing malice defeating qualified privilege from malice warranting aggravated damages ... Courts Editor Stephen Murray reports ... more
Giant Dwarf Pty Ltd & Anor v CJZ Pty Ltd & Anor
High Court ... Production company Giant Dwarf and Julian Morrow seek High Court special leave ... Seeking to overturn NSW Court of Appeal decision upholding Supreme Court finding of misleading or deceptive conduct ... Dispute over sale of rights in The Checkout ... Courts Editor Stephen Murray reports ... more
Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press
Federal Court ... Ben Roberts-Smith launches appeal against dismissal of defamation action ... Takes issue with findings of murder ... Submits circular reasoning and cherry picking of evidence by trial judge ... Findings said to be improbable ... Courts Editor Stephen Murray reports ... more
Peter V’landys v Australian Broadcasting Corporation & Anor
High Court ... Racing NSW chief Peter V'landys seeks High Court special leave to appeal ... 7.30 report on slaughter of thoroughbreds and cruelty ... Grounds of appeal focus on skilful editing, challenge to "single meaning rule", and challenge to presumption of fairness from ABC ... Courts Editor Stephen Murray reports ... more
CJZ Pty Ltd v Giant Dwarf Pty Ltd; CJZ Pty Ltd v Morrow
NSW Court of Appeal ... Chaser lad Julian Morrow loses appeal over finding of misleading or deceptive conduct ... Morrow has award of damages overturned after error found on qualified privilege defence ... Express malice required to defeat qualified privilege defence ... Courts Editor Stephen Murray reports ... more
V’landys v Australian Broadcasting Corporation & Anor
Federal Court ... NSW racing chief Peter V'landys loses appeal over 7.30 report on horse cruelty ... Trial judge found imputations were not conveyed ... New argument advanced that report suggested V'landys had turned a "Nelsonian blind eye" ... Argument rejected ... Justice Rares critical of report ... Courts Editor Stephen Murray reports ... more
Pauline Hanson v Brian Burston
Full Court of the Federal Court ... Pauline Hanson appeals ruling against her in defamation proceedings brought by former colleague Brian Burston ... Submits trial judge erred in not finding abuse and assault without provocation justified ... Burston submits "abuse" has cultural resonance ... Courts Editor Stephen Murray reports ... more
Lorbek v King
Victorian Supreme Court (Court of Appeal) ... Luxury car dealers lose appeal over negative reviews ... No error in trial judge upholding statutory qualified privilege defence ... Insufficient evidence of malice ... Courts Editor Stephen Murray reports ... more
Poland v Hedley
Western Australian Court of Appeal ... Plaintiff wins appeal over access to pre-publication legal advice and recordings with confidential source ... Privilege waived over advice ... Newspaper rule considered in respect of recordings ... Interrogatories concerning another source refused ... Courts Editor Stephen Murray reports ... more
Tsang v Harle
Queensland Court of Appeal ... Brisbane man loses appeal over $30,000 award to neighbour ... Accusations of sexual harassment of wife and intentional damage to property ... Statutory honest opinion defence ... Whether statement of fact or opinion ... Courts Editor Stephen Murray reports ... more
Facebook Inc v Australian Information Commissioner & Anor
High Court ... Special leave revoked for Facebook to appeal Full Federal Court ... Change in Federal Court Rules concerning leave for overseas service ... Issue of "carrying on business" in Australia fact-rich and best left to trial ... Courts Editor Stephen Murray reports ... more