Category Archives: Strike out application

The Return of Trkulja: Episode IV – Trkulja v Google LLC [2018] HCA 25

Posted on June 21, 2018 by

The Trkulja defamation franchise is into its fourth instalment, with the latest victory against the Google Empire coming with a stirring outcome arising from Mr Trkulja’s debut appearance in the High Court. Previously in Trkulja v Google: in 2012, Trkulja … Continue reading →

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Melbourne defamation lawyer loses to Google: Defteros v Google LLC & Google Australia Pty Ltd [2017] VSC 158

Posted on April 30, 2017 by

Google Australia Pty Ltd – it looks like Google, smells like Google and it very much tries to act like it is not Google. For several years there have been several people who have all tried to sue Google Australia … Continue reading →

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Google’s dream comes true: plaintiff fails because trial would cost too much to run: Bleyer v Google Inc [2014] NSWSC 897

Posted on January 24, 2015 by

Roland Bleyer alleged that Google Inc published seven items about him, three in the form of search results and others in relation to articles that those search results hyperlinked to. For instance, the first matter that Bleyer sued on said … Continue reading →

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Setka further set back by the Prime Minister in Court of Appeal: Setka v Abbott & Anor [2013] VSCA 345

Posted on December 4, 2013 by

  John Setka is the Divisional Branch Assistant Secretary of the Victorian Branch of the Construction, Forestry, Mining and Energy Union (CFMEU). On 10 February 2012, the now Prime Minister (then Leader of the Opposition), attended a conference of the … Continue reading →

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Dank’s defamation juggernaut faces first hurdles: [2013] NSWSC 1122; [2013] NSWSC 1064

Posted on September 2, 2013 by

The biggest name in Australian sport this year is not a footballer, a cricketer or even an athlete. The biggest name in Australian sport is Dr Stephen Dank, a “sports scientist”.  He is not a medical doctor, but in 2011 … Continue reading →

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Talk-back caller’s claim does not get on: Casley v ABC [2013] VSC 251

Posted on June 11, 2013 by

Jon Faine is the talk-show host on ABC Radio in the morning in Melbourne. On 2 July 2010, he took a call from a self-described “well known and frequent caller to radio talkback programs” and the “secretary of the People … Continue reading →

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Fijian Property Developer’s case struck out: Mahon v Mach 1 Financial Services Pty Ltd (No.2) Pty Ltd [2013] NSWSC 10

Posted on April 29, 2013 by

It is well known that a plaintiff has very little chance of getting an injunction to restrain the publication of defamatory matter.  Courts will usually say that damages are an adequate remedy. It is also well known that the Defamation … Continue reading →

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Google Australia not a publisher: Rana v Google Australia Pty Ltd [2013] FCA 60

Posted on March 28, 2013 by

In asserting that it is not a publisher of its search engine results, Google has at last had a win, of sorts, in the Federal Court. But the win was not as emphatic as Google would have liked, and certainly … 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

Strike Two for Rugby League Follower: Palavi v Queensland Newspapers Pty Ltd [2012] NSWCA 182

Posted on August 14, 2012 by

On 16 and 17 April 2010, Queensland Newspapers published an article on its website which Charmyne Palavi, a mother of 3 and rugby league follower, claimed conveyed imputations that she was “a slut” and “a pub slut”. Two days after … Continue reading →

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