Federal Court of Australia … Actor and director Rebel Wilson successfully defends claim of defamation and breach of confidence by actor Charlotte MacInnes … Action brought over Instagram posts claiming MacInnes walked back claim of sexual harassment against producer … Only one imputation found conveyed and it was not defamatory … Serious harm considered … Justification defence made out … Editor Stephen Murray reports … more
Privacy injunctions and reputation considerations
What weight should be given to reputational considerations when granting injunctions for breach of privacy claims? ... The Hon Peter Applegarth AM KC engages with the arguments ... Rule in Bonnard v Perryman concerning injunctions in defamation claims ... Characterisation of claims as defamation in disguise ... Problems with that approach ... Reconsidering Bonnard v Perryman ... Privacy claims and harm to reputation ... more
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Chompuchan v Srimongkol
District Court of NSW ... Real estate firm awarded $850,000 in damages for economic loss ... Principals awarded $100,000 and $80,000 in aggravated damages respectively ... Sued former business partner over Facebook posts ... Allegations of dishonesty, being untrustworthy, being unscrupulous ... Significant downturn in business from Thai community ... Editor Stephen Murray reports ... more
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Bangura v Kpaka
District Court of NSW ... Court warns against excessively adversarial response to requests for documents underpinning defence particulars ... Plaintiffs suing over claims on WhatsApp ... Allegations of drug dealing and organised crime ... Initial refusal to provide documents in request for further defence particulars ... Editor Stephen Murray reports ... more
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Around the courts
Supreme Court of NSW ... Senior cleric obtains indemnity costs in defending action brought by parishioner over anonymous email ... District Court of SA ... Court admits business records of call made to QBE Insurance concerning home builder ... District Court of NSW ... Student fails in bid to have Defamation List judge recuse himself ... Editor Stephen Murray reports ... more
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AB v Australian Broadcasting Corporation
Supreme Court of NSW ... Three professional sportsmen obtain interlocutory injunctions pending determination of claim of breach of confidence ... Images of group chat messages taken by former girlfriend of one of the sportsmen ... Basis for investigation by ABC sports journalist ... Strong case for breach of confidence ... Suppression and non-publication orders necessary ... Editor Stephen Murray reports ... more
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Cassuto v Kostakidis (No 2)
Federal Court of Australia ... Former SBS news reader Mary Kostakidis and Zionist Federation of Australia (ZFA) CEO Alon Cassuto lose respective bids to amend categories of discovery ... Court accepts Kostakidis' case of proceedings brought in bad faith is not purely speculative ... Access to Lawyers for Israel WhatsApp message would require determination of issue at low threshold ... Editor Stephen Murray reports ... more
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Paclaw Pty Ltd v Chalik
Supreme Court of NSW … Submissions in costs assessment process attract judicial immunity and absolute privilege defence to defamation … Law firm sued over submissions made by solicitor to costs assessor … Assertions on their face said to be defamatory … Inadequate further particulars in response to concerns notice rejected … Editor Stephen Murray reports … more
Khare v Young
Supreme Court of NSW … Strata owner obtains separate hearing on serious harm element .. Fellow owner suing over claims of misappropriation and bullying … Defence yet to be filed … Burvill v Cowie considered and distinguished … Bar for separate hearing cannot frustrate intention of statutory provision … Editor Stephen Murray reports … more
Onakoya v The Sydney Children’s Hospitals Network (No 4)
Supreme Court of NSW ... Parents of premature baby lose bid to strike out defences from Children's Hospital ... Suing over report made to child protection authorities ... Hospital pleading statutory immunity, justification and qualified privilege ... Failure to plead malice ... Conflicts in particulars and fact-sensitive defences matters for trial ... Editor Stephen Murray reports ... more
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Lilomaiava v Faauli
County Court of Victoria .. Woman loses application to have action over Facebook posts summarily dismissed over adequacy of concerns notice ... Details of publication, imputations and serious harm challenged ... Statement of claim has deficient particulars ... Leave to replead ... Separate hearing on serious harm ... Editor Stephen Murray reports ... more
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Whelan v Lazarou (No 2)
District Court of NSW ... Strata committee member loses bid to have action brought by strata manager summarily dismissed ... Manager suing over posts on social media ... Imputations of greed and law-breaking ... Dispute over serious harm ... Dispute over publication ... Issues triable ... Editor Stephen Murray reports ... more
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