Qualified Privilege    May 29, 2022

Srecko and David Lorbek v Peter King

Unsafe Porsche Panamera Turbo … Google reviews of luxury car dealership were defamatory ... Successful defence of statutory qualified privilege … Customers reading the reviews had "interest" in the experience of a dissatisfied customer ... Posting defamatory material reasonable in the circumstances ... All other defences failed ... Margery Ai reports ... more

 

Qualified Privilege    October 24, 2021

Gould v Jordan (No. 2)

Federal Court ... Separate questions determined ... ATO Commissioner Chris Jordan found to have defamed tax accountant Vanda Gould ... Defences considered ... Courts Editor Stephen Murray reports ... more

 

Qualified Privilege    December 2, 2019

Schlaepfer v ASIC

Share-trader failed in defamation and injurious falsehood actions against the market regulator ... Imputations don't arise ... If they did they were protected by qualified privilege - statutory and common law ... ASIC had a legal duty and interest to convey concerns to brokers about market activity ... Reasonableness ... Plaintiff not referred to in conversations ... "Layering" the market ... Extrinsic facts and true innuendos pleaded ... Justification ... Stephen Murray reports ... more

 

Qualified Privilege    July 23, 2019

Peter Yunghanns v Nicholas Colquhoun-Denvers

"Honourable and decent men" sue each other over emails concerning the administration of the Federation of International Polo ... Adverse findings made against plaintiff and defendant ... Scores of insulting emails ... Defences of qualified privilege and justification established ... Unfortunate litigation ... Findings should be "supplemented with a little common sense" ... Stephen Murray reports ... more

 

Qualified Privilege    August 3, 2018

Durie & Anor v Gardiner & Anor

NZ Court of Appeal extends the public interest defence in defamation beyond reporting of political issues to all matters of "significant public concern" ... Elements of the "responsible communication" defence to be decided by a judge ... Changed social and legal conditions require a different approach ...  Impact of blogging and social media ... Stephen Murray reports ... more

 

Imputations    February 22, 2018

#MeSue

The #MeToo movement has generated its fair share of litigation as alleged perpetrators shape-up to meet their alleged victims in court ... Defamation ... Geoffrey Rush v Daily Telegraph ... Craig McLachlan v Fairfax and the ABC   ... more

 

Qualified Privilege    November 21, 2017

Marion Collier v Country Women’s Association of NSW

Defamation battle involving an expelled member of the Country Women’s Association (NSW) ends in resounding victory for the defendant … Casebook example of qualified privilege … It’s also true that the plaintiff bullied, harassed, insulted and defamed other members ... more

 

Qualified Privilege    June 26, 2017

Accommodation West Pty Ltd, Paul King & Peter Rakich v Susan Aikman

Strata management dispute results in victory for a business rival who circulated a forensic accountant’s report to dissatisfied owners … Both forms of qualified privilege are upheld for two imputations out of around 180 pleaded by three plaintiffs … Carmel Galati reports ... more

 

Qualified Privilege    May 19, 2016

Carole Stone v Frank Moore

An unusual defamation case involving siblings in their 70s results in a colourful decision on qualified privilege from the the SA Supreme Court which serves to “dampen the armoury of warring families” ... This case note by Michelle Hamlyn and Katie Warner ... more

 

Qualified Privilege    March 9, 2016

Roger Tull v Steven Wolfe and Allied Express Transport Pty Ltd

Another self-represented plaintiff fails at the threshold … Absolute privilege prevails over evidence given to the Fair Work Commission, despite the plaintiff’s “hopeful” invocation of the Universal Declaration of Human Rights ... more

 

Qualified Privilege    November 19, 2015

Dugald Walker & Anor v Richard Brimblecombe

QLD Court of Appeal rules that a malicious email sent to shareholders was not protected by either form of qualified privilege when it was re-published to “unknown persons at ASIC” ... more

 

Qualified Privilege    August 12, 2014

Amir Bodenstein v Hope Street Urban Compassion & George Vlamakis

Self-represented homeless man loses defamation action against Baptist charity and one of its former employees … NSW District Court Judge Judith Gibson upholds both defences of qualified privilege in relation to words said to a policewoman ... more