Category: Appeals

Supreme Court of NSW ... Application to set aside orders refusing strike out application for defence refused ... Parents suing Sydney Children's Hospital over abuse notification ... Submitted irregularity from refusal to produce documents underpinning defence ... Alleged denial of procedural fairness ... Not a function of an application under the Rules ... Editor Stephen Murray reports ... more

Supreme Court of Victoria ... Respiratory physician is suing Nine Entertainment, The Age Company and a journalist on The Age over report of coronial finding over death of his wife ... Default judgment obtained irregularly ... Legal entities wrongly identified ... No evidence of Form 1 Notice ... Fails to obtain default judgment over A Current Affair story ... Editor Stephen Murray reports ... more

Full Court of Federal Court of Australia ... Senator Pauline Hanson loses appeal over decision of Federal Court ... Found to have vilified Senator Mehreen Faruqi in tweet telling her to "piss off back to Pakistan" ... Appeal on constitutional head of power, implied freedom of communication, admissibility of evidence ... Editor Stephen Murray reports ... more

Queensland Court of Appeal ... Former business partner of restaurant manager loses appeal ... Sought to challenge findings on serious harm, damages and indemnity costs ... Propensity of publications to cause serious harm ... While generous, no error in damages ... No error in order for indemnity costs ... Editor Stephen Murray reports ... more

Full Court of Federal Court of Australia ... NSW MLC Mark Latham loses appeal over award of aggravated damages to rival MP Alex Greenwich ... Found to have defamed Greenwich in vulgar tweet ... No error by trial judge in finding tweet defamatory ... Consideration of serious harm ... Greenwich loses cross-appeal ... Editor Stephen Murray reports ... more

Supreme Court of South Australia .. Stay on execution of judgment granted pending judicial review ... District Court awarded spiritual educator $12,000 in damages against three Indigenous leaders ... Genuine issue of risk of dissipation ... Application for security for costs refused ... Editor Stephen Murray reports ... more

NSW Court of Appeal ... Former managing director fails in bid to appeal award of indemnity costs against him ... Sued company over statements to ASX ... Advised claim was statute barred and indemnity costs would be sought ... No error or question of principle identified ... Open to order indemnity costs against self-represented litigants ... Editor Stephen Murray reports ... more

The Court of Appeal (WA) ... WA appeals court rejects appeal over whether NSW concerns notice provisions are substantive or procedural law ... Primary judge ruled provisions were substantive law ... Appellant sought to rely on obiter in Peros ...  Court says need to look at provisions as coherent legislative scheme ... Editor Stephen Murray reports ... more