Injunctions    November 18, 2004

Duncan v Allen & Unwin

Barrister tries to stop book by Dr Ingrid Van Beek about the medically supervised injecting room at Kings Cross. Injunction inappropriate to restrain a matter of public interest ... more

 


More...    November 6, 2004

Model Defamation Provisions

Commonwealth’s plan to go it alone propels the States and Territories to settle their differences and come up with new Model Defamation Provisions, which includes: removal of the right of most corporations to sue; defence of truth alone; a list of factors that go to “reasonableness’ in qualified privilege; indemnity costs if defendants unreasonably fail to settle; an end to split trials in NSW; judges to decide damages; general compensatory damages to be capped at $250,000; limitation period of one year (extendable to three); no provision for correction orders or other non-monetary remedies; and no suing from the grave ... more

 




Damages    October 29, 2004

El Azzi v Nationwide News Pty Ltd

William El Azzi, a former policeman currently in prison after being found guilty of conspiring to manufacture drugs, has been partially successful in his 11-year old defamation action against Nationwide News.
In one of the last pre-s.7A all-issues jury trials, a NSW Supreme Court jury of three men and a woman found that El Azzi had been defamed in an article published in the The Daily Telegraph Mirror on May 22, 1991. … more

 

Damages    October 29, 2004

William El Azzi v Nationwide News Pty Ltd

In one of the last (old) full-jury defamation trials in NSW extensive “bad reputation” evidence did not prevent a jailed ex-copper being awarded damages of $5,000 for an old Telegraph Mirror article by Miranda Devine … more

 

Damages    October 29, 2004

Richard Sleeman v Nationwide News Pty Ltd

After lengthy consideration Justice Levine decides The Australian has failed to justify Amanda Meade’s attack on “dishonest” journalist’s article about Ian Thorpe in Good Weekend … more

 


Damages    October 19, 2004

Clover Bond Pty Ltd v Carroll

On 29 October 2002 defendant spoke about plaintiff�s business to the accounts administrator of Service Financial Corp Ltd via a telephone conversation. Imputations included the Cool Clear Water Company was negligent in installing water purification and filtration systems, was in contravention of health regulations, and their practices ought to be investigated by the Water Filtration Association. The defence of qualified privilege failed as it was held that the defendant’s purpose was to win business for himself and was not pursuant to a moral or social duty. Publication to one person. … more

 

Damages    October 15, 2004

Sleeman v Nationwide News

Sports journalist, Richard Sleeman, has been awarded $400,000 damages (plus almost $35,000 interest) over an item written by media columnist Amanda Meade (right), in The Australian.
According to Sleeman, Meade’s item said that he was a dishonest journalist and had deliberately given the false impression that he had had a recent, in-depth interview with swimming star, Ian Thorpe.
Giving judgment for Sleeman, Justice Levine found that Nationwide News’ pleaded defences of comment, justification and contextual truth all failed. … more