South Australian Supreme Court ... Shareholder sues company over correspondence sent to shareholders in buyout dispute ... Cross-claim from company chairman ... Each found to have defamed the other ... Common law qualified privilege defences succeed ... Other defences not considered or fail ... Courts Editor Stephen Murray reports ... more
Category: Qualified Privilege
Ekine v Oladejo
Victorian County Court ... Nigerian-Australian nurse makes out qualified privilege ... Proceedings launched by leader in Nigerian Yoruba community in Melbourne ... Action centred on claims of voodoo sending friend mad ... Truth defences fail ... Courts Editor Stephen Murray reports ... more
Mahmoud Kalil and Kylie Eather v Ellie Rose Eppinga
NSW District Court ... Veterinarian and nurse ward off defamation claim ... Defence of qualified privilege in replying to attack ... Malice not established ... Courts Editor Stephen Murray reports ... more
Srecko and David Lorbek v Peter King
Unsafe Porsche Panamera Turbo … Google reviews of luxury car dealership were defamatory ... Successful defence of statutory qualified privilege … Customers reading the reviews had "interest" in the experience of a dissatisfied customer ... Posting defamatory material reasonable in the circumstances ... All other defences failed ... Margery Ai reports ... more
Gould v Jordan (No. 2)
Federal Court ... Separate questions determined ... ATO Commissioner Chris Jordan found to have defamed tax accountant Vanda Gould ... Defences considered ... Courts Editor Stephen Murray reports ... more
Schlaepfer v ASIC
Share-trader failed in defamation and injurious falsehood actions against the market regulator ... Imputations don't arise ... If they did they were protected by qualified privilege - statutory and common law ... ASIC had a legal duty and interest to convey concerns to brokers about market activity ... Reasonableness ... Plaintiff not referred to in conversations ... "Layering" the market ... Extrinsic facts and true innuendos pleaded ... Justification ... Stephen Murray reports ... more
Peter Yunghanns v Nicholas Colquhoun-Denvers
"Honourable and decent men" sue each other over emails concerning the administration of the Federation of International Polo ... Adverse findings made against plaintiff and defendant ... Scores of insulting emails ... Defences of qualified privilege and justification established ... Unfortunate litigation ... Findings should be "supplemented with a little common sense" ... Stephen Murray reports ... more
Durie & Anor v Gardiner & Anor
NZ Court of Appeal extends the public interest defence in defamation beyond reporting of political issues to all matters of "significant public concern" ... Elements of the "responsible communication" defence to be decided by a judge ... Changed social and legal conditions require a different approach ... Impact of blogging and social media ... Stephen Murray reports ... more
#MeSue
The #MeToo movement has generated its fair share of litigation as alleged perpetrators shape-up to meet their alleged victims in court ... Defamation ... Geoffrey Rush v Daily Telegraph ... Craig McLachlan v Fairfax and the ABC ... more
Marion Collier v Country Women’s Association of NSW
Defamation battle involving an expelled member of the Country Women’s Association (NSW) ends in resounding victory for the defendant … Casebook example of qualified privilege … It’s also true that the plaintiff bullied, harassed, insulted and defamed other members ... more
Accommodation West Pty Ltd, Paul King & Peter Rakich v Susan Aikman
Strata management dispute results in victory for a business rival who circulated a forensic accountant’s report to dissatisfied owners … Both forms of qualified privilege are upheld for two imputations out of around 180 pleaded by three plaintiffs … Carmel Galati reports ... more
Carole Stone v Frank Moore
An unusual defamation case involving siblings in their 70s results in a colourful decision on qualified privilege from the the SA Supreme Court which serves to “dampen the armoury of warring families” ... This case note by Michelle Hamlyn and Katie Warner ... more