Category: Imputations

Imputations    February 26, 2021

Gatto v Australian Broadcasting Corporation & Ors

Victorian Supreme Court ... Gangland figure Mick Gatto loses defamation action against ABC ... Sued over article linking him to threats against barrister-turned-informant Nicola Gobbo ... Imputations pleaded he had engaged in conduct, not that he was suspected of doing so ... Reader would have understood there to be suspicions ... Not necessary to determine fair report defences ... Unable to do so so given inferential case ... Courts Editor Stephen Murray reports ... more

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Imputations    August 30, 2020

Burrows v Houda

Emoji in lawyer's tweets capable of defamation ... Defence lawyer Burrows suing over zipped-mouth emoji ... Link to article on judge's criticism of her and her clients ... Emoji worth a "thousand words" ... "Joining the dots" on social media more likely to be sensational ... Imputations that Burrows was disciplined by professional body and faced criminal charges ... Courts Editor Stephen Murray reports ... more

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Imputations    May 31, 2020

Olesen v Nationwide News

NSW District Court ... Capacity and form ... NIDS service provider ... Imputations pleading fraudulent and improper conduct ... Broader identification of wrongdoing beyond those named ... "Intensity" of suspicion cast on a group ... Readers invited to "raise their eyebrows" ... Language "bristles with hints of wrongdoing" ... Stephen Murray reports ... more

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Imputations    April 21, 2020

Nikolic v Nationwide News

Summary dismissal of a claim against The Australian's "Cut and Paste" section ... Tolerant and progressive plaintiff held out to be associated with the "No" case for marriage equality "No" ... Online identity theft using Twitter ... Unlikely to be lowered in public estimation since 40 percent of plebiscite voters were opposed to marriage equality ... Moral and social mores ... Inferences upon inferences ... Pleadings against Twitter, Google and Yahoo to be amended ... Stephen Murray reports ... more

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Imputations    December 3, 2019

John Jarratt v Nationwide News

John Jarratt sues Nationwide News over reported statements by his accuser in historic rape case ... Accuser reported to be "devastated" over actor's acquittal ... Earlier Supreme Court proceedings against the Telegraph discontinued ... New proceedings against the Sunday Telegraph commenced in the Federal Court ... "Assault by Media: The True Story Behind the Headlines" ... Statement of claim ... Naming the accused ... Stephen Murray reports ... more

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Imputations    November 3, 2019

Park v Kim

Proceedings struck out by Judge Gibson ... Lack of defamatory meanings ... A rare case ... The text speaks for itself ... Loss of reputation not confined to those holding high office ... Notice of a dispute without "taking sides" ... True innuendo misconceived ... Leave to replead not granted ... Stephen Murray reports ... more

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Imputations    October 28, 2019

Petro Poroshenko v British Broadcasting Corporation

BBC settles defamation claim by former president of Ukraine ... News at 10 alleged that Petro Poroschenko authorised a payment of $400,000 to Michael Cohen to arrange back-channel talks with the US president ... Determination of meanings as a preliminary issue ... Costs ... TV and website reports ... Parisa Hart reports ... more

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Imputations    October 15, 2019

Nisserine Nassif v Seven Network (Operations) Ltd; Channel Seven Sydney Pty Ltd; and Bryan Seymour

Wife of Parramatta property developer sues over allegation that her charity raised $210,000 to help disadvantaged children, but only spent $5000 ... Wiping Tears ... Pleadings ... Defences ... Contextual truth ... Viral video ... Federal Court ... Docket with Justice Wendy Abraham ... Stephen Murray reports ... more

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Imputations    April 18, 2019

Victor Dominello v Harbour Radio Pty Ltd trading as 2GB

Important breakthrough for contextual truth defence ... State government minister unsuccessfully sought to "cover the field" by adopting the defendant's contextual truth imputations ... Plaintiff had no belief the contextual imputations were untrue ... Purpose of the amended statement of claim was to prevent 2GB relying on the contextual truth defence ... Abuse of process ... Stephen Murray reporting ... more

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Imputations    February 3, 2019

Knell v Harris & Lance & Netline Pty Ltd

Dispute over management of strata investment scheme ... Email to strata manager did not convey imputations of guilt ... Qualified privilege ... Information relevant to strata owners ... WA District Court ... Janek Drevikovsky reports ... more

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Imputations    September 11, 2018

D.G. Certifiers Pty Ltd & Anor v Hawksworth

Online posts critical of certification company and its proprietor ... Refusal to refund for services not provided ... Most of the imputations did not arise ... Triumph for self-represented defendant ... Nick Bonyhady reports ... more

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Imputations    February 23, 2018

Case note round-up

Interlocutory decisions in defamation ... ABC defends pleadings in affordable housing case ... Kambala's former principal gets partial discovery of school documents ... Qualified privilege for NT government department's advice to the minister ... WA charity directors not required for mediation ... Nick Bonyhady reports  ... more

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