Category: More…

NSW Court of Appeal finds a directed jury verdict on identification was “unreasonable”. New Tang Dynasty lives to fight another day. ... more

NSW Court of Appeal cuts it both ways; unanimously finding another section 7A jury verdict unreasonable, and, by majority, finding it has no jurisdiction to hear appeals from jury verdicts in the NSW District Court. Justice Rothman dissents “with unfeigned respect” ... more

The NSW Court of Appeal follows Justice Ruth McColl’s “formulation” in relation to unreasonable jury verdicts and dismisses Labor MP Paul Gibson’s appeal. It’s up to the jury, except when appeal judges think otherwise ... more

The NSW Court of Appeal finds that when 2GB jock Ray Hadley made defamatory remarks based upon an article in The Sydney Morning Herald, he was not making a fair summary of a protected report. Arthur Dent’s $65,000 damages award stands, despite a partial victory for comment ... more

Paul Gibson, the Labor member for Blacktown, appeals a section 7A jury verdict which tossed out every imputation he pleaded over a series of Daily Telegraph articles, including one that he is “a rorter” ... more

Justice David Kirby finds that self-proclaimed prophet Jeremy Griffith has no case in injurious falsehood. Meanwhile, Griffith and Tim Macartney-Snape’s long-running defamation trial against the ABC and Dr David Millikan crawls to a close ... more

Fairfax’s restuarant review appeal fails as the High Court affirms the NSW Court of Appeal’s power to substitute its own verdict for that of the jury’s ... more

The NSW Court of Appeal has rejected an appeal by former Guantanamo Bay detainee Mamdouh Habib over a jury verdict. It found Habib’s clinical depression was “largely irrelevant” to the issue to be determined ... more

The NSW Administrative Decisions Tribunal has found that while radio jock John Laws vilified homosexuals in a 2004 broadcast about Queer Eye’s Carson Kressley, he did so “in good faith and in the public interest”. Gay activist Gary Burns’ complaint is dismissed ... more

NSW Court of Appeal finds yet another jury “perverse or irrational”. A re-trial is ordered in the case of Rachel Gardener, a convicted bank robber and schoolteacher who sued The Daily Telgraph ... more

Spigelman CJ clears the air on the transitional provisions of the new Defamation Act. Proceedings brought before January 1, 2006 will get a s.7A trial ... more

Food fight not over yet. Three restaurateurs, who failed in their defamation claim against The Sydney Morning Herald over a scathing review, still have a claim for injurious falsehood on foot. Actions in negligence and breach of contract thrown out ... more