Category Archives: Fair comment

Mildura Water Corporation Appeal hosed down: Lower Murray Urban and Rural Water Corporation v Di Masi & Ors [2014] VSCA 104

Posted on January 21, 2015 by

In 2012, a jury in the Supreme Court of Victoria sat in Mildura, a small orange-picking town on the border of NSW, for 22 days (there were a further four days of legal argument) and heard a defamation case. At … Continue reading →

Posted in Damages, Fair comment, Qualified privilege | Tagged , , , | Leave a comment

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 →

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

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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