District Court NSW ... Sports journalist unsuccessful in claim against five media organisations ... Reports that he threatened to "slit" a young intern's throat ... Plaintiff argued a different version of the threat ... No difference between "slitting" a throat and "ripping off" a head ... Threats of violence ... Truth defence ... Contextual truth also upheld ... Janek Drevikovsky reports ... more
Category: Truth
Herron v HarperCollins Publishers Australia Pty Ltd (No. 3)
Federal Court ... Chelmsford doctors lose defamation action against ABC journalist and publisher ... Deep Sleep Therapy "dangerous experimental treatment" ... Doctors sought to "rewrite history" ... Believed themselves victims of injustice ... Justification defence maintained ... Statutory qualified privilege defence established ... Not obliged to seek doctors' side of the story ... Courts Editor Stephen Murray reports ... more
JWR Productions v Duncan-Watt
Federal Court ... Producer of puppet theatricals unsuccessful with claims in defamation, copyright, consumer law and detinue ... Dispute over ownership of a puppet show that debuted on Broadway ... Claim that the applicant had "stolen" the show from collaborators ... That Golden Girl Show! ... Janek Drevikovsky reporting ... more
Eustice v Channel Seven Adelaide Pty Ltd & Ors
Supreme Court of South Australia ... Channel 7 sees off defamation claim by used car salesman ... Justification defence ... The plaintiff said to be "a crook, fraudster and a snake" ... Nissan Skyline misrepresented to customer ... Plaintiff harried by TV reporter turned politician ... "A small and uninteresting used car business" ... Stephen Murray reports ... more
Antonio (Tony) Bellino v Queensland Newspapers Pty Ltd
It's all true ... Federal Court finds that the Courier-Mail established the substantial truth of imputations pleaded by Brisbane nightclub identity Tony Bellino ... A prominent brothel and casino owner and a criminal ... Bellino partially hoisted on his own petard and evidence from the Fitzgerald Inquiry ... Attempt to blame his brother ... Unreliable witness ... Bad reputation ... Stephen Murray reports ... more
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
Ashworth aka Otto v Nine Network Australia Pty Ltd
Defamation claims against three media organisations ... Plaintiff found to be engaged to "fraudulent scams" targeting young women for group sex ... "Bikini concerts" and other events promoted in remote Queensland locations ... Job trials ... Bankrupt plaintiff ordered to pay media's costs ... Gabrielle Hunter reports ... more
Chau Chak Wing v The Australian Broadcasting Corporation & Fairfax Media
Truth defence struck out ... Particulars do not disclose a reasonable defence ... "Vague and imprecise concepts" ... No evidence presented to connect Chau with the Chinese Communist Party ... Hore-Lacey defence not available ... Truth not established by statements in parliament about US intelligence confirming alleged bribery ... Stephen Murray reports ... more
Rush v Nationwide News
Daily Telegraph's particulars of truth in Geoffrey Rush case ... Actress Eryn Jean Norvill says she was groped by Rush ... Director Neil Armfield allegedly suggested Rush's actions were becoming "creepy and unclear" ... Claims of sexually predatory behaviour ... Nick Bonyhady reports ... more
Feldman v Polaris Media Pty Ltd as trustee of The Polaris Media Trust trading as The Australian Jewish News (No 2)
Justice McCallum finds for The Australian Jewish News in Feldman defamation case ... "Highest journalistic integrity" ... Honest opinion and justification made out by defendants ... Plaintiff attempting to revise the evidence he gave to the child sex abuse Royal Commission ... "Bizarre" evidence ... Contextual truth considered ... Defence of fair protected report rejected ... Stephen Murray reports ... more
#MeToo meets the law
Rush v Nationwide News … Cultural clash … Conflation of serious and trivial allegations … Complainants and the truth defence … Comment from media lawyer Graham Hryce ... more
Rush v Nationwide News Pty Ltd
Most of the Daily Telegraph's defence in the Geoffrey Rush defamation case struck out by Federal Court judge ... Defences determined before the imputations are argued ... Justice Michael Wigney explores innocent explanation for Rush being in the STC female toilets ... more