Another defamation action bites the dust, almost before it starts … NSW District Court Judge Judith Gibson finds the absent plaintiff’s case “hopelessly pleaded” (among other things) and summarily dismisses it ... more
Category: Interlocutory/Case-Management
Justine Munsie v Shane Dowling (No 4)
Sydney media lawyer Justine Munsie and one of her clients, Seven boss Kerry Stokes, succeed in having contemptuous blogger’s amended defence struck out … The NSW Chief Judge at Common Law finds it prejudicial and embarrassing ... more
Mohammed Rezaiee v Australian Broadcasting Corporation (No 2)
A win for the media, and a loss … NSW Supreme Court Justice Lucy McCallum upholds the public interest in respect of footage secretly filmed by the ABC … And pulls the “contextual truth rug” from underneath Channel Nine’s feet … Kate Lilly reports ... more
Kay Freeburn v The Cake decorators Association of NSW Inc & Ors (No 2)
NSW District Court Judge Judith Gibson dismisses another defamation action on the basis of the principle of proportionality articulated by NSW Supreme Court Justice Lucy McCallum … Cake decorators’ “vendetta” ends with apology ... more
Dr Ratna Ghosh v TCN Channel Nine Pty Ltd (No 4)
NSW District Court Defamation List Judge Judith Gibson applies the principle of proportionality (Jameel) to dismiss the remainder of 54 claims commenced against Channel Nine and others by a Newcastle doctor … Rebecca Gall reports ... more
Mohammad Medhi Rezaiee v Australian Broadcasting Corporation
The NSW Supreme Court’s Defamation List judge orders an alleged people smuggler to answer questions about his own travel by boat to Australia … And strikes out all of Fairfax Media’s contextual truth imputations in respect of former Leighton’s boss Wal King because they are “impermissibly imprecise” ... more
Roland Bleyer v Google Inc
NSW Supreme Court Justice Lucy McCallum applies Jameel and finds “disproportionality a species of abuse of process” ... Defamation proceedings brought by an alleged fraudster over Google search engine results published to three people are permanently stayed ... more
Stephen Dank v Paul Whittaker (No 4)
NSW Supreme Court Justice Lucy McCallum consolidates six separate actions brought by disgraced sports scientist Stephen Dank into three … Broadcaster Alan Jones loses a round in long-running racial vilification feud with Keysar Trad … Rico Jedrzejczyk reports ... more
Lloyd Rayney v The State of WA
The State of WA and publisher Pan Macmillan fail to have defamation actions brought by a Perth barrister who was acquitted of murdering his wife, struck out ... more
Danny Saad v Nationwide News Pty Ltd
Self-represented plaintiff’s defamation action dismissed by judge whose brother (also a judge) the plaintiff (may have) threatened to kill … Palace Films principals, Fairfax Media and movie website Screen Hub directed to mediation after two contextual truth imputations are struck out ... more
John Setka v Tony Abbott & Anor
Three interlocutory decisions involving the defence of contextual truth – one in Victoria and two in NSW – deliver interesting results … Rico Jedrzejczyk reports ... more
Pat O’Shane v Harbour Radio Pty Ltd and Alan Jones
NSW Judicial Commission ordered to provide information about complaints it received in relation to former magistrate Pat O’Shane … Original subpoena narrowed in another interlocutory wrangle with Harbour Radio and Alan Jones ... more