Category Archives: Qualified privilege

Lying defamation defendant shot down by Sporting Shooters – $887,027.66 in damages: Moroney v Zegers [2018] VSC 448

Posted on August 20, 2018 by

For a short time in 2012, Karel Zegers was the Acting President of the Victorian branch of the Sporting Shooters Association of Australia (SSAAV).  His position on the Board was up for election in August that year and he decided … Continue reading →

Posted in Damages, Identification, News, Publication, Qualified privilege, Trial, Truth, Uncategorized | Tagged | Leave a comment

Barrister’s internet defamation: He fought the law and the law won: Dods v McDonald [2016] VSC 201

Posted on May 10, 2016 by

During the evening of 11 December 2008, Tyler Cassidy, a 15 year old boy had stolen two large knives from Kmart at Northcote Plaza Shopping Centre, near All Nations Park. He moved through the shopping centre, its shops and car … Continue reading →

Posted in Damages, Defamatory meaning, government and political matter, News, Publication, Trial | Tagged , , | Leave a comment

Artists’ appeal upheld, record verdict set aside and re-trial ordered: Vakras v Cripps [2015] VSCA 193

Posted on August 3, 2015 by

In 2014, a gallery owner, Raymond Cripps was awarded a record $420,000 defamation verdict in the Victorian Supreme Court. The verdict was made by His Honour Justice Kyrou against two surrealist artists, Demetrios Vakras and Lee-Anne Raymond. They held an … Continue reading →

Posted in contextual truth, Damages, Defamatory meaning, Qualified privilege, Trial, Uncategorized | Tagged , , , | Leave a comment

Hockey hoists Fairfax on its own placard: Hockey v Fairfax Media Publications Pty Ltd [2015] FCA 652

Posted on July 14, 2015 by

On 5 May 2014, Fairfax, through the Sydney Morning Herald, The Age and the Canberra Times, ran a series of articles about a Liberal Party fundraising entity called the North Sydney Forum. North Sydney is the seat held by Australia’s … Continue reading →

Posted in Damages, Defamatory meaning, government and political matter, News, Qualified privilege, Trial, Uncategorized | Tagged , , , | Leave a comment

Mildura Water Corporation Appeal hosed down: Lower Murray Urban and Rural Water Corporation v Di Masi & Ors [2014] VSCA 104

Posted on January 21, 2015 by

In 2012, a jury in the Supreme Court of Victoria sat in Mildura, a small orange-picking town on the border of NSW, for 22 days (there were a further four days of legal argument) and heard a defamation case. At … Continue reading →

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No tort for breach of privacy in South Australian epic: Sands v South Australia [2013] SASC 44

Posted on April 18, 2013 by

In a trial that ran for 55 days late last year and concluding in February this year, the plaintiff, Derick John Sands, has lost his claim for defamation, as well as other claims including a breach of confidence and a … Continue reading →

Posted in Absolute privilege, Damages, Identification, News, Privacy, Publication, Reciprocal duty-interest, Trial, Truth | Tagged , | 1 Comment

Tanzanian Tycoon’s Claim Falls Flat: Mengi v Hermitage [2012] EWHC 3445

Posted on January 21, 2013 by

In 2004, Sarah Hermitage, an English solicitor, and her husband, Stewart Middleton, an agronomist, bought a lease to the Silverdale Farm in Tanzania for $112,000. They wanted to live there peacefully and build up an agricultural business, exporting vegetables to … Continue reading →

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Murray Water Corporation sent down the river for $295,000: Belbin& Others v Lower Murray Urban and Rural Water Corporation [2012] VSC 535

Posted on January 9, 2013 by

In the northwest of Victoria sits the orange-picking town of Mildura on the Murray River. To get there from Melbourne usually involves a 6-hour drive or a small flight on a plane with a flip-top lid. But it was there … Continue reading →

Posted in Damages, fair and accurate report, Qualified privilege, Reciprocal duty-interest, Trial, Truth | Tagged , | 1 Comment

Holmes a Court wins in High Court: Papaconstuntinos v Holmes a Court [2012] HCA 53

Posted on December 12, 2012 by

Given that AFL Football and cricket have this year graced us with fantastic defamation cases about talk shows, lurid affairs and sordid match-fixing claims, it seems only natural that Rugby League would eventually get a Guernsey as well. And so … Continue reading →

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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