Author Archives: Justin Castelan

No tort for breach of privacy in South Australian epic: Sands v South Australia [2013] SASC 44

Posted on April 18, 2013 by

In a trial that ran for 55 days late last year and concluding in February this year, the plaintiff, Derick John Sands, has lost his claim for defamation, as well as other claims including a breach of confidence and a … Continue reading →

Posted in Absolute privilege, Damages, Identification, News, Privacy, Publication, Reciprocal duty-interest, Trial, Truth | Tagged , | 1 Comment

Hong Kong newspaper keeps its damages: Oriental Daily Publisher Ltd & Kwan v Ming Pao Holdings Ltd & Ors, in the Court of Final Appeal of the Hong Kong Special Administrative Region, Final Appeal No. 1 of 2012, 26 September 2012

Posted on April 12, 2013 by

As common as Hayley’s Comet, in Hong Kong, the defamation jury trial appears about once every 80 years. So although this particular decision was some months ago, I don’t think I will be around in 2093 for the next one, … Continue reading →

Posted in Damages, Defamatory meaning, Trial | Tagged , | Leave a comment

Google Australia not a publisher: Rana v Google Australia Pty Ltd [2013] FCA 60

Posted on March 28, 2013 by

In asserting that it is not a publisher of its search engine results, Google has at last had a win, of sorts, in the Federal Court. But the win was not as emphatic as Google would have liked, and certainly … Continue reading →

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Google wins but loses again, now in UK: Tamiz v Google Inc [2013] EWCA Civ 68

Posted on February 28, 2013 by

Payam Tamiz, an English Conservative politician who had been running for the local elections in Thanet, sued Google for anonymous comments on a blog that was created on Google’s blogger platform, “London Muslim”. The comments were posted between 28 and … Continue reading →

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Google wins ACCC battle in High Court, but has it lost the defamation war?: Google Inc v ACCC [2013] HCA 1

Posted on February 19, 2013 by

In 2012, the Full Court of the Federal Court held that Google engaged in misleading or deceptive conduct, in breach of s.52 of the Trade Practices Act because if a person searched for four particular businesses, misleading or deceptive sponsored … Continue reading →

Posted in Publication | Tagged , , , , | 1 Comment

The Movie Star and The Virgin Astronaut win: Rocknroll v News Group Newspapers Ltd [2013] EWHC

Posted on February 8, 2013 by

Edward Rocknroll is the nephew of Richard Branson, and used to be the head of marketing, promotion and astronaut experience at Virgin Galactic. That job ended in 2010, but while The Sun claimed that Rocknroll was a public figure, Justice … Continue reading →

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Emphatic win for Aspergers’ Advocate: Gluyas v John Best Junior [2013] VSC 3

Posted on February 1, 2013 by

Now 47, Philip Gluyas was 31 when he was diagnosed with Asperger’s Syndrome. On the one hand, Asperger’s can mean that a person has difficulties empathizing with people and dealing with social interactions that many people take forgranted. On the … Continue reading →

Posted in Damages, Defamatory meaning, Trial | Tagged , | 1 Comment

Tanzanian Tycoon’s Claim Falls Flat: Mengi v Hermitage [2012] EWHC 3445

Posted on January 21, 2013 by

In 2004, Sarah Hermitage, an English solicitor, and her husband, Stewart Middleton, an agronomist, bought a lease to the Silverdale Farm in Tanzania for $112,000. They wanted to live there peacefully and build up an agricultural business, exporting vegetables to … Continue reading →

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Murray Water Corporation sent down the river for $295,000: Belbin& Others v Lower Murray Urban and Rural Water Corporation [2012] VSC 535

Posted on January 9, 2013 by

In the northwest of Victoria sits the orange-picking town of Mildura on the Murray River. To get there from Melbourne usually involves a 6-hour drive or a small flight on a plane with a flip-top lid. But it was there … Continue reading →

Posted in Damages, fair and accurate report, Qualified privilege, Reciprocal duty-interest, Trial, Truth | Tagged , | 1 Comment

Holmes a Court wins in High Court: Papaconstuntinos v Holmes a Court [2012] HCA 53

Posted on December 12, 2012 by

Given that AFL Football and cricket have this year graced us with fantastic defamation cases about talk shows, lurid affairs and sordid match-fixing claims, it seems only natural that Rugby League would eventually get a Guernsey as well. And so … Continue reading →

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