Category: Appeals

Newcastle doctor Dr Ratna Ghosh has had the dismissal of her proceedings against Channel Nine upheld by the NSW Court of Appeal … NSW District Court Judge Judith Gibson was right to find the plaintiff’s conduct an abuse of process ... more

The large amount of damages awarded to a Carlingford fish shop owner defamed by 2GB’s Ray Hadley to be re-assessed …. NSW Court of Appeal finds some of the broadcaster’s defamatory remarks were, arguably, honest opinion … Rebecca Gall reports ... more

Another nail in the coffin for the contextual truth defence in NSW as the Court of Appeal refuses Capital Press leave to appeal two decisions of the NSW District Court ... more

NSW Court of Appeal dismisses appeal brought by a carbon credit company The Sydney Morning Herald accused of selling worthless carbon offsets… Justice Henric Nicholas’ findings of fact and truth were correct ... more

High Court ends patent validity case brought by the manufacturers of cholesterol lowering drug … Patent fails on obviousness as a plain English approach to the statute prevails … Rocco Rinaldo reports ... more

Fairfax loses appeal over $350,000 damages awarded to a unnamed schoolteacher it falsely accused of sexually preying on her students … Identification is established after publication and an award of aggravated damages is justified due to the publisher’s conduct ... more

Victoria’s Court of Appeal orders re-trial of a case which reaped substantial damages for a gallery owner who was compared to Hitler by two artists … Rebecca Gall reports ... more

NSW Court of Appeal declines leave to appeal the (second) striking out of beleaguered “sports scientist” Stephen Dank’s claim against Sunday Telegraph journalist Phil Rothfield … “It raises no issue of appeal and no significant injustice is caused…” ... more

Another nail in the coffin for the Hore-Lacy defence … NSW Court of Appeal finds (by majority) that it is not available in the jurisdiction… Justice Ruth McColl disagrees and calls for the rules to be revised … Rebecca Gall reports ... more

A man who lost his defamation action against conservative commentator Andrew Bolt has been refused leave to appeal … The Victorian Court of Appeal is unanimous in finding there was no malice on Bolt’s part and the defamation was trivial ... more

Former photographer loses his appeal over a police press conference which identified him as a “primary suspect” in the 1997 murder of a model … All grounds for appeal are dismissed… Rico Jedrzejczyk reports ... more

UK Court of Appeal finds the former Conservative Party co-Treasurer Peter Cruddas behaved corruptly in offering “access for cash” and reduces his damages to £50,000 … Malice on the part of two Sunday Times journalists is upheld … This case note and comment from Inforrm ... more