Appeals    May 21, 2024

Wright v De Kauwe (No 2)

Court of Appeal (WA) ... Former company director loses appeal over valuation of lost option on shares ... Media and investor relations advisor loses appeal over whether he was publisher of announcement to the ASX ... Directors lose appeal over whether directors fees were lost ... Courts Editor Stephen Murray reports ... more

 

Appeals    April 17, 2024

Selkirk v Wyatt

Federal Court ... Sydney solicitor loses Full Court appeal on serious harm element ... Full Court rules s.10A of the Defamation Act does away with common law presumption of damage, and any presumption of good reputation ... Evidence of bad prior reputation can be taken into account ... Courts Editor Stephen Murray reports ... more

 

Appeals    April 4, 2024

Howe v Zuchowski

Victorian Court of Appeal ... Local councillor has damages awarded against him reduced to $70,000 after appeal ... Manifestly excessive ... Fails on other grounds of appeal ... He loses cross-appeal after Court of Appeal finds qualified privilege defences made out ... Courts Editor Stephen Murray reports ... more

 

Appeals    February 17, 2024

Whittington v Newman

NSW Court of Appeal ... Child rescue specialist fails to obtain leave to appeal ... Challenge on procedural fairness grounds ... Concerns notice served after decision on draft statement of claim reserved ... Serious harm element can be inferred ... Courts Editor Stephen Murray reports ... more

 



Appeals    February 13, 2024

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Full Court of Federal Court ... Seventh day of submissions in Ben Roberts-Smith's appeal against dismissal of defamation action ... Nicholas Owens SC continues submissions for respondents ... Addresses court on killing of man with prosthetic leg at Whiskey 108 ... Makes submissions on death of Ali Jan at Darwan ... Courts Editor Stephen Murray reports ... more

 


Appeals    February 9, 2024

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Full Court of the Federal Court ... Fifth day of hearing in appeal brought by Ben Roberts-Smith ... Follows closed court submissions ... Nicholas Owens SC commences submissions ... Not like a "detective novel" ... Evidence from Roberts-Smith and his camp limits hypotheses available to trial judge ... Courts Editor Stephen Murray reports ... more

 


Appeals    February 6, 2024

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Full Court of the Federal Court ... Second day of submissions in appeal brought by Ben Roberts-Smith over dismissal of his defamation claim ... Bret Walker SC tells court Afghan witnesses were unreliable ... Submits that "blooding the rookie" could refer to a lawful killing ... Seeks to distinguish use of "throwdowns" ... Courts Editor Stephen Murray reports ... more

 

Appeals    February 5, 2024

Ben Roberts-Smith v Fairfax Media Publications; The Age Company; Federal Capital Press

Full Federal Court ... First day of submissions in appeal over dismissal of Ben Roberts-Smith's defamation action ... Bret Walker SC opens case ... Addresses findings of murder at Whiskey 108 in 2009 ... Claims insufficient regard had to contemporaneous records, failure at time to report war crimes ... Courts Editor Stephen Murray reports ... more