Category Archives: News

Chatroom defamation: Don’t defend and down $30,000: Leech v Green & Gold Energy Pty Ltd [2011] NSWSC 999

The plaintiff asserted he was defamed on a blog, the defendant did not appear at Court and judgment was entered in default. On assessment of the damages, which was still done unopposed, Fullerton J found that the first blog carried … Continue reading

Posted in Damages, News, Trial | Tagged , | 3 Comments

Blog debate defamation: Baglow v Smith 2011 ONSC 5131, Ontario Superior Court of Justice, Canada

Omar Khadr is a Canadian David Hicks. As a 15 year old, he was captured by American troops in Afghanistan, and he now lives in Guantanamo Bay. In the Canadian political “blogosphere”, Dr Dawg is a left-leaning blogger who believes … Continue reading

Posted in Defamatory meaning, News, Qualified privilege | Tagged , , | 1 Comment

Can the Judge order that the trial be without a jury? Channel Seven Sydney Pty Ltd v Senator Concetta Fierravanti-Wells [2001] NSWCA 246

The circumstances of this appeal were as follows: • the plaintiff, a Senator from NSW, was funded to go to Italy on a study trip in 2009. She wrote a 620-page report on the Australian Wool Industry; • “Today Tonight” … Continue reading

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Qualified privilege and Rumours in the High Court: Cush v Dillon [2011] HCA 30

On 10 August 2011, the High Court considered the question of whether qualified privilege attached to a statement (made in April 2005) to the Chairperson of a Committee known as the CMA, that: “it is common knowledge among people [on … Continue reading

Posted in News, Qualified privilege, Reciprocal duty-interest | Tagged | 1 Comment

Mick Molloy and Before the Game: Just not funny: Nicole Cornes v Channel Ten [2011] SASC 104

For those who follow the AFL, Before the Game is a well-known television show on Channel Ten that precedes each Saturday night’s match and has done so for many years. On its panel are a range of football journalists and … Continue reading

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