Category Archives: Reciprocal duty-interest

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

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 →

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

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 →

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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

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 →

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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