Category Archives: Truth

High Court rules on Replying to an Attack: Harbour Radio P/L v Trad [2012] HCA 44

Posted on October 22, 2012 by

On 18 December 2005, about a week after the Cronulla Riots, Keysar Trad was one of the speakers at a “peace rally” in front of 5000 people at Hyde Park in Sydney. He said this: “I never lost my faith … Continue reading →

Posted in contextual truth, Defamatory meaning, Malice, News, Qualified privilege, reply to attack, Truth | 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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Habib’s Run ends with a big win: Habib v Radio 2UE Sydney Pty Ltd & Ors

Posted on June 3, 2012 by

On 14 August 2005 in Sydney, Mamdouh Habib, a man who had seen more pain and adversity than any person ought to have to ever bear, ran the City to Surf. He did pretty well, but unbeknownst to him, this … Continue reading →

Posted in contextual truth, Damages, Fair comment, Malice, Trial, Truth | Tagged , | 3 Comments

Banker’s sexual harassment and defamation claims demolished: Dye v Commsec [2012] FCA 242

Posted on May 2, 2012 by

From March 2005 until November 2007, Vivienne Dye worked for Commsec. Her position was made redundant, and later, she made a claim to the Human Rights and Equal Opportunity Commission that she had been sexually harassed by two senior executives, … Continue reading →

Posted in Trial, Truth | Tagged , | 4 Comments

Cairns belts match-fixing claim out of the ground: Cairns v Modi [2012] EWHC 756 (QB)

Posted on March 29, 2012 by

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 →

Posted in Damages, Trial, Truth | Tagged , | 2 Comments

Restaurant’s Three Hats from the Court of Appeal: Gacic v John Fairfax Publications Pty Ltd [2011] NSWCA 362

Posted on December 23, 2011 by

In September 2003, a new swank restaraunt, Coco Roco opened to public fanfare in Sydney, with views over the Harbour. It had a $3 million fitout, it was expensive and it was going to set the new standard in fine … Continue reading →

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Captain Dragan appeal fails: Snedden v Nationwide New Pty Ltd [2011] NSWCA 262

Posted on November 12, 2011 by

The plaintiff, Daniel Snedden, also known as Dragan Vasilykovic sued The Australian for an article published in September 2005: “Serbian Death squad commander alive and well teaching golf in Perth.” There was a trial by jury held to determine whether … 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 →

Posted in imputations, News, Strike out application, Truth | Tagged , | Leave a comment