Sydney litigation lawyer Bryan McMahon forced to live with third further amended statement of claim after the NSW Court of Appeal rejects his bid for a fourth. Leading defamation silk gets rapped over the knuckles ... more
Category: Interlocutory/Case-Management
Con Ange v Fairfax Media Publications Pty Ltd
Porn shop entrepreneur Con Ange to face cross-examination about why he has failed to produce a single document in discovery … NSW Supreme Court Justice Peter Garling reserves his decision on dispensing with a jury ... more
Milorad (Michael) Trkulja v Google Inc & Google Australia Pty td
Another round in Michael Trkulja’s landmark defamation action against Google … Victorian Supreme Court Justice David Beach wants further particulars of publication in respect of Google Australia and strikes out an imputation that “the plaintiff is a criminal” ... more
Wayne & Cheryl Lee Creighton v Nationwide News Pty Ltd & News Digital Media Pty Ltd
NSW District Court Judge Judith Gibson reaffirms recent defamation practice by allowing the plaintiff to “plead back” the defendant’s contextual truth imputations – Justice Simpson’s controversial judgment in Kermode v Fairfax notwithstanding ... more
Reginald Kermode v Fairfax Media Publications Pty Ltd & Ors
A part of the contextual truth defence bites the dust as NSW Supreme Court Justice Carolyn Simpson decides that pleading back a plaintiff’s imputations is not available to defendants under the 2005 Defamation Act ... Is a re-draft on the cards? ... more
Dr Colin Manock v Channel Seven Adelaide Pty Ltd
Forensic pathologist Dr Colin Manock has another win. After six years on the defamation roundabout, Channel Seven Adelaide is refused leave to plead an entirely new defence ... more
Salvatore Calabro & Ors v Bruna Zappia
Defamation actions bite the dust in the NSW District Court as Judge Judith Gibson dismisses proceedings brought by six family members … And an action brought by one psychiatrist against another ... more
Con Ange v Fairfax Media Publications Pty Ltd
Uniform Defamation Act under scrutiny as NSW Supreme Court Justice Carolyn Simpson ponders the prejudicial nature of the contextual truth defence, strikes out the bulk of a Liberal senator’s imputations and refuses to join 2GB’s Ray Hadley as a second defendant ... more
Wendy Hatfield v TCN Channel Nine Pty Ltd, Nine Network Australia and Screen Time Pty Ltd
Former Kings Cross policewoman Wendy Hatfield loses her appeal … She cannot view the third series of Underbelly before it goes to air next Sunday … NSW Court of Appeal is unanimous on the issue of discretion ... more
Wendy Hatfield v TCN Channel Nine Pty Ltd, Nine Network Australia and Screentime Pty Ltd
Former Kings Cross policewoman Wendy Hatfield asks the NSW Court of Appeal to reverse Justice Harrison’s decision and let her view Nine’s forthcoming Underbelly series before it goes to air. An injunction hovers ... more
Keysar Trad v Harbour Radio Pty Ltd
The NSW Court of Appeal says Muslim community spokesman Keysar Trad can appeal the loss of his defamation action against 2GB. Furthermore, Justice Peter McClellan’s description of Trad’s defamation as “serious” is an understatement ... more
Wendy Hatfield v TCN Channel Nine Pty Ltd, Nine Network Australia and Screentime Pty Ltd
NSW Supreme Court Justice Ian Harrison dismisses the unusual application by a former Kings Cross policewoman to view the forthcoming series of Underbelly before it goes to air. This is not, he says, an “exceptional case” ... more