Lawyer fails to obtain summary judgment over Cayman Islands reports ... Reports concerned motor vehicle accident in which the lawyer was the driver ... Takes issue with description "hit and run" ... Real prospects of successful defence ... Courts Editor Stephen Murray reports ... more
Category: Imputations
Taylor v Nationwide News Pty Ltd (No. 2)
Son of Kings Cross identity loses defamation case ... Sued over portrayal in 24 page wraparound on Ibrahim family ... Argued imputations he was member of mafia, mobster or criminal involved in organised crime ... Imputations found not to be conveyed ...Courts Editor Stephen Murray reports ... more
Peter V’landys v Australian Broadcasting Corporation & Anor
Racing NSW CEO loses defamation action against ABC, journalist Caro-Meldrum Hanna ... Justice Michael Wigney finds none of the imputations pleaded conveyed ... V'landys not aware of cruelty and allegations NSW horses sent to abattoirs and knackeries ... Program did not convey he lied or was dishonest ... No malice by ABC or Meldrum-Hanna in not revealing footage to V'landys or the structure of the program ... Hurt to feelings minimised by relying on inaccurate reports of program ... Courts Editor Stephen Murray reports ... more
Gatto v Australian Broadcasting Corporation & Ors
Victorian Supreme Court ... Gangland figure Mick Gatto loses defamation action against ABC ... Sued over article linking him to threats against barrister-turned-informant Nicola Gobbo ... Imputations pleaded he had engaged in conduct, not that he was suspected of doing so ... Reader would have understood there to be suspicions ... Not necessary to determine fair report defences ... Unable to do so so given inferential case ... Courts Editor Stephen Murray reports ... more
Burrows v Houda
Emoji in lawyer's tweets capable of defamation ... Defence lawyer Burrows suing over zipped-mouth emoji ... Link to article on judge's criticism of her and her clients ... Emoji worth a "thousand words" ... "Joining the dots" on social media more likely to be sensational ... Imputations that Burrows was disciplined by professional body and faced criminal charges ... Courts Editor Stephen Murray reports ... more
Olesen v Nationwide News
NSW District Court ... Capacity and form ... NIDS service provider ... Imputations pleading fraudulent and improper conduct ... Broader identification of wrongdoing beyond those named ... "Intensity" of suspicion cast on a group ... Readers invited to "raise their eyebrows" ... Language "bristles with hints of wrongdoing" ... Stephen Murray reports ... more
Nikolic v Nationwide News
Summary dismissal of a claim against The Australian's "Cut and Paste" section ... Tolerant and progressive plaintiff held out to be associated with the "No" case for marriage equality "No" ... Online identity theft using Twitter ... Unlikely to be lowered in public estimation since 40 percent of plebiscite voters were opposed to marriage equality ... Moral and social mores ... Inferences upon inferences ... Pleadings against Twitter, Google and Yahoo to be amended ... Stephen Murray reports ... more
John Jarratt v Nationwide News
John Jarratt sues Nationwide News over reported statements by his accuser in historic rape case ... Accuser reported to be "devastated" over actor's acquittal ... Earlier Supreme Court proceedings against the Telegraph discontinued ... New proceedings against the Sunday Telegraph commenced in the Federal Court ... "Assault by Media: The True Story Behind the Headlines" ... Statement of claim ... Naming the accused ... Stephen Murray reports ... more
Park v Kim
Proceedings struck out by Judge Gibson ... Lack of defamatory meanings ... A rare case ... The text speaks for itself ... Loss of reputation not confined to those holding high office ... Notice of a dispute without "taking sides" ... True innuendo misconceived ... Leave to replead not granted ... Stephen Murray reports ... more
Petro Poroshenko v British Broadcasting Corporation
BBC settles defamation claim by former president of Ukraine ... News at 10 alleged that Petro Poroschenko authorised a payment of $400,000 to Michael Cohen to arrange back-channel talks with the US president ... Determination of meanings as a preliminary issue ... Costs ... TV and website reports ... Parisa Hart reports ... more
Nisserine Nassif v Seven Network (Operations) Ltd; Channel Seven Sydney Pty Ltd; and Bryan Seymour
Wife of Parramatta property developer sues over allegation that her charity raised $210,000 to help disadvantaged children, but only spent $5000 ... Wiping Tears ... Pleadings ... Defences ... Contextual truth ... Viral video ... Federal Court ... Docket with Justice Wendy Abraham ... Stephen Murray reports ... more
Victor Dominello v Harbour Radio Pty Ltd trading as 2GB
Important breakthrough for contextual truth defence ... State government minister unsuccessfully sought to "cover the field" by adopting the defendant's contextual truth imputations ... Plaintiff had no belief the contextual imputations were untrue ... Purpose of the amended statement of claim was to prevent 2GB relying on the contextual truth defence ... Abuse of process ... Stephen Murray reporting ... more