-
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
Categories
Subscribe
Tags
Disclaimer
This website and the contents of this Blog are not legal advice.
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.
This website and blog should not be used as a substitute for obtaining legal advice from an independent lawyer.
Links
Category Archives: contextual truth
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 grapevine effect, newspaper, politician, tweet
Leave a comment
Artists’ appeal upheld, record verdict set aside and re-trial ordered: Vakras v Cripps [2015] VSCA 193
In 2014, a gallery owner, Raymond Cripps was awarded a record $420,000 defamation verdict in the Victorian Supreme Court. The verdict was made by His Honour Justice Kyrou against two surrealist artists, Demetrios Vakras and Lee-Anne Raymond. They held an … Continue reading
Posted in contextual truth, Damages, Defamatory meaning, Qualified privilege, Trial, Uncategorized
Tagged Appeal court, artist, blog, internet
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 Appeal court, politician
Leave a comment
Setka Setback against Liberal’s Libel: Setka v Abbott & Anor [2012] VSC 534
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 politician
1 Comment
Nine-day trial yields Five K verdict: Holt v TCN Channel Nine P/L [2012] NSWSC 770
Andrew Holt brought defamation proceedings against Channel 9 for an edition of A Current Affair that was broadcast on 28 July 2009. The broadcast related to how he treated his late wife, Karen Holt, who was then dying with cancer. … Continue reading
Copying the defendant’s imputations – Just not on: Waterhouse v The Age Company Ltd & Ors [2012] NSWSC 9
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
Captain Dragan appeal fails: Snedden v Nationwide New Pty Ltd [2011] NSWCA 262
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
Contextual Truth and Nothing But the Truth: Besser v Kermode [2011] NSWCA 174
The contextual truth defence is the most complicated, convoluted and confusing defences available in defamation at common law. Under the 2005 Act, it means that the defendant claims this: “The words don’t mean that… they mean this other thing, which … Continue reading
Habib’s Run ends with a big win: Habib v Radio 2UE Sydney Pty Ltd & Ors
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 →