Category Archives: Truth

Lying defamation defendant shot down by Sporting Shooters – $887,027.66 in damages: Moroney v Zegers [2018] VSC 448

For a short time in 2012, Karel Zegers was the Acting President of the Victorian branch of the Sporting Shooters Association of Australia (SSAAV).  His position on the Board was up for election in August that year and he decided … Continue reading

Posted in Damages, Identification, News, Publication, Qualified privilege, Trial, Truth, Uncategorized | Tagged | Leave a comment

Politician not so pushy – Sophie Mirabella wins $175,000: Mirabella v Price & Benalla Newspapers Pty Ltd [2018] VCC 650

Sophie Mirabella was the Member of the House of Representatives for the seat of Indi in rural Victoria from 2001 to 2013. In 2015, the Liberal Party pre-selected her once again to run in the 2016 election. Her opponent was … Continue reading

Posted in contextual truth, Damages, Trial, Truth | Tagged , , , | Leave a comment

Channel Nine’s “disgraceful” story – $300,000 damages: Pahjua v TCN Channel Nine PL [2018] NSWSC 893

Sunil Pahuja migrated to Australia at 27, did a Masters in accounting and developed a business installing solar panels. He knew many people in the Indian community and was to become the perfect example of a person who was in … Continue reading

Posted in Damages, Defamatory meaning, News, Trial, Truth | Tagged , | Leave a comment

Dank v Nationwide News Pty Ltd [2016] NSWSC 295. Number of days in Stephen Dank’s defamation trial – 20. Judgment Awarded – Priceless

Since 2013, the Australian sporting landscape has been dominated, not by any particularly amazing footballer, cricketer or athlete. No, it has been dominated by Stephen Dank – “sports scientist”. He is the man responsible for bringing into the Australian conscience … Continue reading

Posted in Damages, Defamatory meaning, News, Trial, Truth, Uncategorized | Tagged , , | Leave a comment

Defendants’ go all-in: Plaintiff calls their bluff and wins the $340,000 pot: Polias v Ryall & Ors [2014] NSWSC 1692

The plaintiff and four defendants were poker players used to playing high stakes games: hands worth thousands of dollars. In the middle of 2012, the plaintiff and the first defendant went to Las Vegas for a tournament and shared a … Continue reading

Posted in Damages, Publication, Trial, Truth | Tagged , , | Leave a comment

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

  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

Posted in contextual truth, defences, Strike out application, Truth | Tagged , | Leave a comment

No tort for breach of privacy in South Australian epic: Sands v South Australia [2013] SASC 44

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

Tanzanian Tycoon’s Claim Falls Flat: Mengi v Hermitage [2012] EWHC 3445

In 2004, Sarah Hermitage, an English solicitor, and her husband, Stewart Middleton, an agronomist, bought a lease to the Silverdale Farm in Tanzania for $112,000. They wanted to live there peacefully and build up an agricultural business, exporting vegetables to … Continue reading

Posted in reply to attack, Trial, Truth | Tagged , , , | Leave a comment

Murray Water Corporation sent down the river for $295,000: Belbin& Others v Lower Murray Urban and Rural Water Corporation [2012] VSC 535

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

Cricket: Cairns’ £90,000 Damages out of proportion?… NOT OUT: Cairns v Modi [2012] EWHC 483 (QB)

The writer has barely coped with the mental devastation heaped on his football team in last month’s AFL Grand Final, but alas it is now but a distant suppressed memory  ….. and its cricket season! Early in the year, Chris … Continue reading

Posted in Damages, Trial, Truth | Tagged , , | Leave a comment