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Recent Posts
- Lying defamation defendant shot down by Sporting Shooters – $887,027.66 in damages: Moroney v Zegers [2018] VSC 448
- Politician not so pushy – Sophie Mirabella wins $175,000: Mirabella v Price & Benalla Newspapers Pty Ltd [2018] VCC 650
- Channel Nine’s “disgraceful” story – $300,000 damages: Pahjua v TCN Channel Nine PL [2018] NSWSC 893
- Court of Appeal rules that Rebel Wilson’s damages not special: Bauer Media Pty Ltd v Wilson [2018] VSCA 154
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This website and the contents of this Blog are not legal advice.
If you use this website or Blog, you are not entering into a lawyer-client relationship with the authors of the website or Blog, including with Justin Castelan, who is a Barrister in Melbourne, Victoria.
This website and blog should not be used as a substitute for obtaining legal advice from an independent lawyer.
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Author Archives: Justin Castelan
Strike Two for Rugby League Follower: Palavi v Queensland Newspapers Pty Ltd [2012] NSWCA 182
On 16 and 17 April 2010, Queensland Newspapers published an article on its website which Charmyne Palavi, a mother of 3 and rugby league follower, claimed conveyed imputations that she was “a slut” and “a pub slut”. Two days after … Continue reading
Posted in Strike out application, Truth
Tagged Appeal court, internet, newspaper, sport
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Nine-day trial yields Five K verdict: Holt v TCN Channel Nine P/L [2012] NSWSC 770
Andrew Holt brought defamation proceedings against Channel 9 for an edition of A Current Affair that was broadcast on 28 July 2009. The broadcast related to how he treated his late wife, Karen Holt, who was then dying with cancer. … Continue reading
No absolute privilege for doctor complaint: Lucire v Parmegiani [2012] NSWCA 86
A personal injury claim was heard in the District Court of NSW in July 2008. Dr Yolande Lucire, a psychiatrist, gave evidence for the plaintiff while the Crown’s expert, Dr Julian Parmegiani sat and listened. On hearing her evidence Dr … Continue reading
Posted in Absolute privilege
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Child care employer taught $150,000 lesson: Association of Quality Child Care Centres of NSW v Manefield [2012] NSWCA 123
The Association of Quality Child Care Centres in NSW was an incorporated association with an executive committee of 10 members. Bruce Manefield was the Executive officer from 7 February 2006 until 16 May 2008 and is the plaintiff in … Continue reading
Posted in Damages, Defamatory meaning, Qualified privilege, Reciprocal duty-interest, Trial
Tagged Appeal court
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Solicitors’ defamation law argument fails: David v Abdishou [2012] NSWCA 109
The appellants (who were the plaintiffs at the trial) were solicitors who acted for Karl Suleman. In 2000 and 2001, Suleman induced many members of the Assyrian community in Sydney to invest in his supermarket trolley business, which ultimately collapsed. … Continue reading
Hobart Mercury’s Sleazy Campaign Yields Record Damages: Gunston v Davies Brothers Ltd [2012] TASSC 15
Andrew Gunston was a policeman in Tasmania whojoined the Force in 1982. On the night of 12 October 2001, while off duty, he went to the Queenstown’s Empire Hotel for a drink. Or a few drinks. And a game of … Continue reading
Posted in Damages, fair and accurate report, Fair comment, News, Trial
Tagged jest, newspaper
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South African source kept confidential: Bosasa Operation Pty Ltd v Basson & Anor [2012] ZAGPJHC 71
In this age of the Leveson Inquiry and Rupert Murdoch being cross-examined about why there may be dozens of people arrested in his newspaper empire for crimes like phone hacking the telephone lines of people who lost family members in … Continue reading
Black is Back in Ontario: Breeden v Black [2012] SCC 19
The term “libel tourist” is a term bandied about by defamation defendants to suggest some sort of impropriety by a defamation plaintiff. The point that publishers seem to make is this: where something is published all around the world, the … Continue reading
Posted in Publication, Strike out application
Tagged Appeal court, canada, newspaper
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Habib’s Run ends with a big win: Habib v Radio 2UE Sydney Pty Ltd & Ors
On 14 August 2005 in Sydney, Mamdouh Habib, a man who had seen more pain and adversity than any person ought to have to ever bear, ran the City to Surf. He did pretty well, but unbeknownst to him, this … Continue reading →