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

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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

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Blogging in Canada goes back to trial: Baglow v Smith [2012] ONCA 407

Mr Baglow, a retired public servant in Canada, operates a left-wing blog called “Dawg’s Blawg”, where he used the pseudonym, Dr Blawg. Roger Smith is a right-wing kind of guy who writes on blogs like “Free Dominion” and others. If he … Continue reading

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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

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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 | 1 Comment

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

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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

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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

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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

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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

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