Tag Archives: internet

Fijian Property Developer’s case struck out: Mahon v Mach 1 Financial Services Pty Ltd (No.2) Pty Ltd [2013] NSWSC 10

It is well known that a plaintiff has very little chance of getting an injunction to restrain the publication of defamatory matter.  Courts will usually say that damages are an adequate remedy. It is also well known that the Defamation … Continue reading

Posted in Identification, Strike out application | Tagged | Leave a comment

Google Australia not a publisher: Rana v Google Australia Pty Ltd [2013] FCA 60

In asserting that it is not a publisher of its search engine results, Google has at last had a win, of sorts, in the Federal Court. But the win was not as emphatic as Google would have liked, and certainly … Continue reading

Posted in Publication, Strike out application | Tagged , , , | Leave a comment

Google wins but loses again, now in UK: Tamiz v Google Inc [2013] EWCA Civ 68

Payam Tamiz, an English Conservative politician who had been running for the local elections in Thanet, sued Google for anonymous comments on a blog that was created on Google’s blogger platform, “London Muslim”. The comments were posted between 28 and … Continue reading

Posted in Publication | Tagged , , , , , , | Leave a comment

Google wins ACCC battle in High Court, but has it lost the defamation war?: Google Inc v ACCC [2013] HCA 1

In 2012, the Full Court of the Federal Court held that Google engaged in misleading or deceptive conduct, in breach of s.52 of the Trade Practices Act because if a person searched for four particular businesses, misleading or deceptive sponsored … Continue reading

Posted in Publication | Tagged , , , , | 1 Comment

Emphatic win for Aspergers’ Advocate: Gluyas v John Best Junior [2013] VSC 3

Now 47, Philip Gluyas was 31 when he was diagnosed with Asperger’s Syndrome. On the one hand, Asperger’s can mean that a person has difficulties empathizing with people and dealing with social interactions that many people take forgranted. On the … Continue reading

Posted in Damages, Defamatory meaning, Trial | 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

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

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

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

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

Strike Two for Rugby League Follower: Palavi v Queensland Newspapers Pty Ltd [2012] NSWCA 182

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

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

Blogging in Canada goes back to trial: Baglow v Smith [2012] ONCA 407

Mr Baglow, a retired public servant in Canada, operates a left-wing blog called “Dawg’s Blawg”, where he used the pseudonym, Dr Blawg. Roger Smith is a right-wing kind of guy who writes on blogs like “Free Dominion” and others. If he … Continue reading

Posted in Defamatory meaning, imputations, Strike out application | Tagged , , | Leave a comment