Category Archives: Strike out application

Blogging in Canada goes back to trial: Baglow v Smith [2012] ONCA 407

Posted on July 16, 2012 by

Mr Baglow, a retired public servant in Canada, operates a left-wing blog called “Dawg’s Blawg”, where he used the pseudonym, Dr Blawg. Roger Smith is a right-wing kind of guy who writes on blogs like “Free Dominion” and others. If he … Continue reading →

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Black is Back in Ontario: Breeden v Black [2012] SCC 19

Posted on May 8, 2012 by

The term “libel tourist” is a term bandied about by defamation defendants to suggest some sort of impropriety by a defamation plaintiff.  The point that publishers seem to make is this: where something is published all around the world, the … Continue reading →

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Electric car case against Top Gear written off: Tesla Motors Ltd v BBC [2012] EWHC 310 (QB)

Posted on March 20, 2012 by

On 14 December 2008, Top Gear broadcast a show that featured an electric car made by the Claimants, a Roadster. Its body was similar to a Lotus Elise, a petrol powered car and the Top Gear episode showed a race … Continue reading →

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Copying the defendant’s imputations – Just not on: Waterhouse v The Age Company Ltd & Ors [2012] NSWSC 9

Posted on March 2, 2012 by

After the usual fight about imputations, the plaintiff’s amended statement of claim alleged that articles from The Age carried the following imputations about him: (a)     the plaintiff procured the murder of George Brown; OR (b)     the plaintiff was an accessory … 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 →

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Kung Fu Fighting – plaintiff not as fast as lightning: Jin-Song Han v Australian Kung Fu Federation Inc [2011] VSC 498

Posted on November 28, 2011 by

This was an application to strike out 3 claims for defamation on the basis that they were statute barred. Under the Defamation Act 2005 (Vic), a person has 1 year from the date of publication to sue. If they do … Continue reading →

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Cartoon Imputations Stand: Queensland Newspapers Pty Ltd v Palmer [2011] QCA 286

Posted on November 15, 2011 by

In a BRW 2002 edition, Ross Palmer was listed as being worth $180 million. On 10 June 2009, the Brisbane Courier-Mail published an article in its gossip column, “City Beat”. The article said this: “Downsized On a quiet day yesterday … Continue reading →

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Morrissey show can go on: Morrissey v McNicholas & IPC Media Ltd [2011] EWHC 2738

Posted on November 8, 2011 by

Stephen Morrissey is an English singer and songwriter, known simply as “Morrissey”. In the 1980s, he was the lead singer of “The Smiths” and since 1989 has had a successful career as a solo artist. The New Musical Express (NME) … Continue reading →

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Statement of Claim Part VIII : Franchise Central (Australia) Pty Ltd & Ors v Fairfax Media Publications Pty Ltd [2011] VSC 379

Posted on November 3, 2011 by

The plaintiffs provided consultancy services in relation to franchising. In January 2008, the defendants published an article in the BRW “From building to bail out”, and a further article in February 2008, “ASIC acts on franchise accusations”. The plaintiffs started … Continue reading →

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Bloggers: Beware of the hyperlink: Ali v Associated Newspapers Ltd [2010] EWHC 100 (QB)

Posted on November 3, 2011 by

Azad Ali worked for the English Treasury and had a few blogs. One of the blogs was called “Defeating extremism by promoting balance” where he suggested that jihad was not terrorism. In January 2009, The Daily Mail published articles in … Continue reading →

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