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Recent Posts
- Lying defamation defendant shot down by Sporting Shooters – $887,027.66 in damages: Moroney v Zegers [2018] VSC 448
- Politician not so pushy – Sophie Mirabella wins $175,000: Mirabella v Price & Benalla Newspapers Pty Ltd [2018] VCC 650
- Channel Nine’s “disgraceful” story – $300,000 damages: Pahjua v TCN Channel Nine PL [2018] NSWSC 893
- Court of Appeal rules that Rebel Wilson’s damages not special: Bauer Media Pty Ltd v Wilson [2018] VSCA 154
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If you use this website or Blog, you are not entering into a lawyer-client relationship with the authors of the website or Blog, including with Justin Castelan, who is a Barrister in Melbourne, Victoria.
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Category Archives: Trial
Estate agent wins damages against Alice Spring News: Forrest v Chlanda & Anor [2012] NTSC 14
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 newspaper
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Cairns belts match-fixing claim out of the ground: Cairns v Modi [2012] EWHC 756 (QB)
In 1983 I remember going to the MCG with my father and watching a swashbuckling New Zealand batsman, Lance Cairns, belt 6 sixes all around the biggest ground in the world, off some of the finest fast bowlers in the … Continue reading
Music promoter wins $225,000: Trkulja v Yahoo! Inc LLC & Yahoo! 7 Pty Ltd [2012] VSC 88
Michael Trkulja was born in Yugoslavia in 1950. He migrated to Australia at 20 and in the early 1970s, while working in a travel agency business, began promoting singers and entertainers in the Yugoslav community. His work as a music … Continue reading
Failure to stretch Lange defence for foreign language papers: The Korean Times Pty Ltd & Anor v Un Dok Pak [2011] NSWCA 365
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
Chatroom defamation: Don’t defend and down $30,000: Leech v Green & Gold Energy Pty Ltd [2011] NSWSC 999
The plaintiff asserted he was defamed on a blog, the defendant did not appear at Court and judgment was entered in default. On assessment of the damages, which was still done unopposed, Fullerton J found that the first blog carried … Continue reading
Can the Judge order that the trial be without a jury? Channel Seven Sydney Pty Ltd v Senator Concetta Fierravanti-Wells [2001] NSWCA 246
The circumstances of this appeal were as follows: • the plaintiff, a Senator from NSW, was funded to go to Italy on a study trip in 2009. She wrote a 620-page report on the Australian Wool Industry; • “Today Tonight” … Continue reading
Mick Molloy and Before the Game: Just not funny: Nicole Cornes v Channel Ten [2011] SASC 104
For those who follow the AFL, Before the Game is a well-known television show on Channel Ten that precedes each Saturday night’s match and has done so for many years. On its panel are a range of football journalists and … Continue reading
Hobart Mercury’s Sleazy Campaign Yields Record Damages: Gunston v Davies Brothers Ltd [2012] TASSC 15
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 →