Author Archives: Justin Castelan

Barrister’s internet defamation: He fought the law and the law won: Dods v McDonald [2016] VSC 201

Posted on May 10, 2016 by

During the evening of 11 December 2008, Tyler Cassidy, a 15 year old boy had stolen two large knives from Kmart at Northcote Plaza Shopping Centre, near All Nations Park. He moved through the shopping centre, its shops and car … Continue reading →

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Dank v Nationwide News Pty Ltd [2016] NSWSC 295. Number of days in Stephen Dank’s defamation trial – 20. Judgment Awarded – Priceless

Posted on March 30, 2016 by

Since 2013, the Australian sporting landscape has been dominated, not by any particularly amazing footballer, cricketer or athlete. No, it has been dominated by Stephen Dank – “sports scientist”. He is the man responsible for bringing into the Australian conscience … Continue reading →

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Artists’ appeal upheld, record verdict set aside and re-trial ordered: Vakras v Cripps [2015] VSCA 193

Posted on August 3, 2015 by

In 2014, a gallery owner, Raymond Cripps was awarded a record $420,000 defamation verdict in the Victorian Supreme Court. The verdict was made by His Honour Justice Kyrou against two surrealist artists, Demetrios Vakras and Lee-Anne Raymond. They held an … Continue reading →

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Hockey hoists Fairfax on its own placard: Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652

Posted on July 14, 2015 by

On 5 May 2014, Fairfax, through the Sydney Morning Herald, The Age and the Canberra Times, ran a series of articles about a Liberal Party fundraising entity called the North Sydney Forum. North Sydney is the seat held by Australia’s … Continue reading →

Posted in Damages, Defamatory meaning, government and political matter, News, Qualified privilege, Trial, Uncategorized | Tagged , , , | Leave a comment

Crushed Rock damages ruled too soft on appeal: Jeffrey & Curnow v Giles [2015] VSCA 70

Posted on May 25, 2015 by

Jeffrey and Curnow were defamed by statements made by Virginia Giles on a website in 2011. The plaintiffs were directors of a company, Casacir Pty Ltd, which operates a quarry in the south of Victoria. The defendant’s company owned the … Continue reading →

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CSI Lismore: German backpacker’s efforts to prevent publication of book all in vain: Moran v Schwartz Publishing Pty Ltd [2014] WASC 334

Posted on February 21, 2015 by

In early 2005, the plaintiff, a German National with a working visa in Australia, was travelling along the east coast of Australia in a campervan with his German girlfriend of 6 and a half years, Simone Strobel. By the time … Continue reading →

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Facebook and Twitter damages music to teacher’s ears: Mickle v Farley [2013] NSWDC 295

Posted on February 16, 2015 by

Orange is a large rural town in Western New South Wales and its High School became a site for a landmark defamation verdict. Yes, this case happened a while ago, but in our new age of social media, an interesting … Continue reading →

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Defendants’ go all-in: Plaintiff calls their bluff and wins the $340,000 pot: Polias v Ryall & Ors [2014] NSWSC 1692

Posted on February 9, 2015 by

The plaintiff and four defendants were poker players used to playing high stakes games: hands worth thousands of dollars. In the middle of 2012, the plaintiff and the first defendant went to Las Vegas for a tournament and shared a … Continue reading →

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Google’s dream comes true: plaintiff fails because trial would cost too much to run: Bleyer v Google Inc [2014] NSWSC 897

Posted on January 24, 2015 by

Roland Bleyer alleged that Google Inc published seven items about him, three in the form of search results and others in relation to articles that those search results hyperlinked to. For instance, the first matter that Bleyer sued on said … Continue reading →

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Mildura Water Corporation Appeal hosed down: Lower Murray Urban and Rural Water Corporation v Di Masi & Ors [2014] VSCA 104

Posted on January 21, 2015 by

In 2012, a jury in the Supreme Court of Victoria sat in Mildura, a small orange-picking town on the border of NSW, for 22 days (there were a further four days of legal argument) and heard a defamation case. At … Continue reading →

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