Category Archives: Qualified privilege

High Court rules on Replying to an Attack: Harbour Radio P/L v Trad [2012] HCA 44

Posted on October 22, 2012 by

On 18 December 2005, about a week after the Cronulla Riots, Keysar Trad was one of the speakers at a “peace rally” in front of 5000 people at Hyde Park in Sydney. He said this: “I never lost my faith … Continue reading →

Posted in contextual truth, Defamatory meaning, Malice, News, Qualified privilege, reply to attack, Truth | Tagged , , | 1 Comment

Mayor’s claim against nun to be tried again: Lloyd-Jones v Allen [2012] NSWCA 230

Posted on August 30, 2012 by

  Muriel and Gary Campbell are members of an Aboriginal family living in Bermagui, NSW.  In October 2006 racist graffiti directed towards Aboriginals was painted on a bridge in the area and around that time there was a fight on … Continue reading →

Posted in government and political matter, Honest opinion, Malice, Qualified privilege, Reciprocal duty-interest, Trial | Tagged , | Leave a comment

Child care employer taught $150,000 lesson: Association of Quality Child Care Centres of NSW v Manefield [2012] NSWCA 123

Posted on June 27, 2012 by

  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

Hobart Mercury’s Sleazy Campaign Yields Record Damages: Gunston v Davies Brothers Ltd [2012] TASSC 15

Posted on May 20, 2012 by

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 , | 1 Comment

Estate agent wins damages against Alice Spring News: Forrest v Chlanda & Anor [2012] NTSC 14

Posted on April 13, 2012 by

  The plaintiff was a real estate agent in Alice Springs who operated under the name First National Real Estate Framptons. He was also the Southern regional representative of the Real Estate Institute of the Northern Territory. The self-represented defendants … Continue reading →

Posted in Damages, Honest opinion, Qualified privilege, Reciprocal duty-interest, Trial | Tagged | 1 Comment

Defamation Watch Shop: LVMH Watch & Jewellery Australia Pty Ltd v Lassanah & Ors [2011] NSWCA 370

Posted on February 25, 2012 by

On 10 June 2008, Michael Lassanah and Aaron Oddie entered the Tag Heuer shop in King Street in the centre of Sydney. They went in and looked at some watches and their conduct was perfectly innocent. However, staff in the … Continue reading →

Posted in Qualified privilege, Reciprocal duty-interest | Tagged | Leave a comment

Failure to stretch Lange defence for foreign language papers: The Korean Times Pty Ltd & Anor v Un Dok Pak [2011] NSWCA 365

Posted on February 13, 2012 by

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 →

Posted in government and political matter, Reciprocal duty-interest, Trial | Tagged , , | Leave a comment

Journalists’ source to be revealed: Liu v The Age Company Ltd [2012] NSWSC 12

Posted on February 9, 2012 by

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 →

Posted in government and political matter | Tagged | 1 Comment

Credit reporting agency covered by qualified privilege: Walker v Veda Advantage Information Services and Solutions Ltd & Anor [2011] QSC 316

Posted on December 8, 2011 by

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 →

Posted in Qualified privilege, Reciprocal duty-interest | Leave a comment

Appeal, appeal and appeal again: Sands v State of South Australia [2011] SASCFC 136

Posted on December 2, 2011 by

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 →

Posted in defences, Qualified privilege, Reciprocal duty-interest, Strike out application | Tagged , | Leave a comment