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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
Failure to stretch Lange defence for foreign language papers: The Korean Times Pty Ltd & Anor v Un Dok Pak [2011] NSWCA 365
The plaintiff was born in Korea and moved to Australia when she was 15. She studied Economics and Law, became a solicitor and also married another solicitor (Ki Beom Kwon). She and her husband were heavily involved in the Korean … Continue reading
Journalists’ source to be revealed: Liu v The Age Company Ltd [2012] NSWSC 12
On 3 February 2010, The Age published an article about Helen Liu and referred to her as a Chinese Australian businesswoman who had made substantial payments to the former Defence Minister, Joel Fitzgibbon as part of “a campaign to cultivate … Continue reading
Credit reporting agency covered by qualified privilege: Walker v Veda Advantage Information Services and Solutions Ltd & Anor [2011] QSC 316
The plaintiff was an applicant for credit. The first defendant a credit reporting agency and the second defendant was a previous creditor of the plaintiff. The plaintiff sued the agency for defamation arising from what he claimed was the publication … Continue reading
Appeal, appeal and appeal again: Sands v State of South Australia [2011] SASCFC 136
The plaintiff alleged that members of the SA Police Force, in the course of investigating a suspicious death, made statements that were defamatory of him, including statements that the plaintiff was suspected to have murdered the deceased. The deceased was … Continue reading
The old reciprocal duty-interest qualified privilege for a lawyer writing to another lawyer trick: Szanto v Melville [2011] VSC 574
Two lawyers were acting in relation to the sale of a number of apartments in Ascot Vale. One of them, the plaintiff, acted on behalf of the receiver in relation to the sale of those apartments. The receiver had been … Continue reading
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Kung Fu Fighting – plaintiff not as fast as lightning: Jin-Song Han v Australian Kung Fu Federation Inc [2011] VSC 498
This was an application to strike out 3 claims for defamation on the basis that they were statute barred. Under the Defamation Act 2005 (Vic), a person has 1 year from the date of publication to sue. If they do … Continue reading
The defamation you have when you do not have a defamation: Eatock v Bolt [2011] FCA 1103
Andrew Bolt, columnist for the Herald Sun newspaper, wrote two articles in 2009 entitled “It’s so hip to be black” and “White Fellas in the Black”. It referred to what he called a “trend” of fair skin aboriginal people who … Continue reading
Absolute privilege impregnable: Norris v Gittos [2011] WASC 295
The plaintiff represented herself and filed a statement of claim seeking damages of $4,000,000. In poker terms, this is what is called “over playing your hand”. She made the claim against two employees of the Department of Child Protection. Her … Continue reading
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Cartoon Imputations Stand: Queensland Newspapers Pty Ltd v Palmer [2011] QCA 286
In a BRW 2002 edition, Ross Palmer was listed as being worth $180 million. On 10 June 2009, the Brisbane Courier-Mail published an article in its gossip column, “City Beat”. The article said this: “Downsized On a quiet day yesterday … Continue reading
Posted in Defamatory meaning, imputations, Strike out application
Tagged Appeal court, jest, pleadings
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Restaurant’s Three Hats from the Court of Appeal: Gacic v John Fairfax Publications Pty Ltd [2011] NSWCA 362
In September 2003, a new swank restaraunt, Coco Roco opened to public fanfare in Sydney, with views over the Harbour. It had a $3 million fitout, it was expensive and it was going to set the new standard in fine … Continue reading →