Author Archives: Justin Castelan

Setka Setback against Liberal’s Libel: Setka v Abbott & Anor [2012] VSC 534

Posted on November 29, 2012 by

On 10 February this year, Tony Abbott, (yes the leader of the Coalition) spoke at a conference of the Masters Building Association. He spoke about the Australian Building and Construction Commission and his words were republished by Sky News. He … Continue reading →

Posted in contextual truth, defences, government and political matter, Strike out application | Tagged | 1 Comment

$200,000: Trkulja’s Second Big Win to Send Google into a Frenzy: Trkulja v Google Inc [2012] VSC [2012] VSC 533

Posted on November 12, 2012 by

In Silicon Valley, Google’s legal representatives will now be acquainting themselves with Australian defamation law and grimacing a lot, as for what seems to be the first time, a common law court has determined that, for the purposes of defamation, … Continue reading →

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

Cricket: Cairns’ £90,000 Damages out of proportion?… NOT OUT: Cairns v Modi [2012] EWHC 483 (QB)

Posted on November 9, 2012 by

The writer has barely coped with the mental devastation heaped on his football team in last month’s AFL Grand Final, but alas it is now but a distant suppressed memory  ….. and its cricket season! Early in the year, Chris … Continue reading →

Posted in Damages, Trial, Truth | Tagged , , | Leave a comment

One Small Step for Mr Trkulja, One Giant Leap for GoogleKind: Trkulja v Google Inc [2012] VSC

Posted on November 2, 2012 by

In February this year, Milorad Trkulja, a Melbourne Music Promoter sued Yahoo!. What had happened was that if a person searched his name on Yahoo!, the results contained links to an article that linked him to the Melbourne underworld. While … Continue reading →

Posted in Damages, News, Publication, Trial | Tagged , , , , | 2 Comments

Scottish comic wins serious jury verdict: Frankie Boyle v The Daily Mirror

Posted on October 31, 2012 by

In England, Frankie Boyle is a controversial Scottish comedian who swears a lot, grows fuzzy red beards and gets in trouble because he doesn’t know when he has crossed the line.  While he would have been happy to have been … Continue reading →

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

High Court rules on Replying to an Attack: Harbour Radio P/L v Trad [2012] HCA 44

Posted on October 22, 2012 by

On 18 December 2005, about a week after the Cronulla Riots, Keysar Trad was one of the speakers at a “peace rally” in front of 5000 people at Hyde Park in Sydney. He said this: “I never lost my faith … Continue reading →

Posted in contextual truth, Defamatory meaning, Malice, News, Qualified privilege, reply to attack, Truth | Tagged , , | 1 Comment

Mick Molloy still not funny: Cornes v The Ten Group Pty Ltd & Ors [2012] SASFC 99

Posted on September 27, 2012 by

With the 2012 AFL Grand Final only a few days away, and the writer’s team, Hawthorn, playing off for the title against the Sydney Swans, it is about time this blog found a way to weave the mighty Hawks into … Continue reading →

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

$150,000 Queensland pub verdict overturned: Putland v Nowak [2012] QCA 121

Posted on September 6, 2012 by

  Joseph Nowak and Paul Putland lived in the same residential block on the Gold Coast, with the same body corporate in Southport. Nowak had been having difficulties with the body corporate because he had carried out structural works in … Continue reading →

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Mayor’s claim against nun to be tried again: Lloyd-Jones v Allen [2012] NSWCA 230

Posted on August 30, 2012 by

  Muriel and Gary Campbell are members of an Aboriginal family living in Bermagui, NSW.  In October 2006 racist graffiti directed towards Aboriginals was painted on a bridge in the area and around that time there was a fight on … Continue reading →

Posted in government and political matter, Honest opinion, Malice, Qualified privilege, Reciprocal duty-interest, Trial | Tagged , | Leave a comment

Builder wins 50: Prendergast v Roberts [2012] QSC 144

Posted on August 27, 2012 by

Trevor Prendergast, a builder in Queensland since 1975, sued Shane Roberts, a man who ran a building company and entered into a building contract with Prendergast in late 2008 and early 2009. The job was not finished in early 2009 … Continue reading →

Posted in Damages, Trial | Leave a comment