Category Archives: Damages

$200,000: Trkulja’s Second Big Win to Send Google into a Frenzy: Trkulja v Google Inc [2012] VSC [2012] VSC 533

Posted on November 12, 2012 by

In Silicon Valley, Google’s legal representatives will now be acquainting themselves with Australian defamation law and grimacing a lot, as for what seems to be the first time, a common law court has determined that, for the purposes of defamation, … Continue reading →

Posted in Damages, Defamatory meaning, Publication, Trial | Tagged , , , , | 1 Comment

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

Posted on November 9, 2012 by

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 →

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One Small Step for Mr Trkulja, One Giant Leap for GoogleKind: Trkulja v Google Inc [2012] VSC

Posted on November 2, 2012 by

In February this year, Milorad Trkulja, a Melbourne Music Promoter sued Yahoo!. What had happened was that if a person searched his name on Yahoo!, the results contained links to an article that linked him to the Melbourne underworld. While … Continue reading →

Posted in Damages, News, Publication, Trial | Tagged , , , , | 2 Comments

Scottish comic wins serious jury verdict: Frankie Boyle v The Daily Mirror

Posted on October 31, 2012 by

In England, Frankie Boyle is a controversial Scottish comedian who swears a lot, grows fuzzy red beards and gets in trouble because he doesn’t know when he has crossed the line.  While he would have been happy to have been … Continue reading →

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Builder wins 50: Prendergast v Roberts [2012] QSC 144

Posted on August 27, 2012 by

Trevor Prendergast, a builder in Queensland since 1975, sued Shane Roberts, a man who ran a building company and entered into a building contract with Prendergast in late 2008 and early 2009. The job was not finished in early 2009 … Continue reading →

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Nine-day trial yields Five K verdict: Holt v TCN Channel Nine P/L [2012] NSWSC 770

Posted on July 24, 2012 by

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 →

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Child care employer taught $150,000 lesson: Association of Quality Child Care Centres of NSW v Manefield [2012] NSWCA 123

Posted on June 27, 2012 by

  The Association of Quality Child Care Centres in NSW was an incorporated association with an executive committee of 10 members. Bruce Manefield was the Executive officer from 7 February 2006 until 16 May 2008 and is the plaintiff in … Continue reading →

Posted in Damages, Defamatory meaning, Qualified privilege, Reciprocal duty-interest, Trial | Tagged | 1 Comment

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

Hobart Mercury’s Sleazy Campaign Yields Record Damages: Gunston v Davies Brothers Ltd [2012] TASSC 15

Posted on May 20, 2012 by

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 →

Posted in Damages, fair and accurate report, Fair comment, News, Trial | Tagged , | 1 Comment

Estate agent wins damages against Alice Spring News: Forrest v Chlanda & Anor [2012] NTSC 14

Posted on April 13, 2012 by

  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 | 1 Comment