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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
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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.
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Tag Archives: newspaper
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 Appeal court, internet, newspaper, sport
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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
Posted in contextual truth, Damages, Fair comment, Malice, Trial, Truth
Tagged newspaper, radio
3 Comments
Hobart Mercury’s Sleazy Campaign Yields Record Damages: Gunston v Davies Brothers Ltd [2012] TASSC 15
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 jest, newspaper
1 Comment
South African source kept confidential: Bosasa Operation Pty Ltd v Basson & Anor [2012] ZAGPJHC 71
In this age of the Leveson Inquiry and Rupert Murdoch being cross-examined about why there may be dozens of people arrested in his newspaper empire for crimes like phone hacking the telephone lines of people who lost family members in … Continue reading
Black is Back in Ontario: Breeden v Black [2012] SCC 19
The term “libel tourist” is a term bandied about by defamation defendants to suggest some sort of impropriety by a defamation plaintiff. The point that publishers seem to make is this: where something is published all around the world, the … Continue reading
Posted in Publication, Strike out application
Tagged Appeal court, canada, newspaper
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Estate agent wins damages against Alice Spring News: Forrest v Chlanda & Anor [2012] NTSC 14
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 newspaper
1 Comment
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
Failure to stretch Lange defence for foreign language papers: The Korean Times Pty Ltd & Anor v Un Dok Pak [2011] NSWCA 365
The plaintiff was born in Korea and moved to Australia when she was 15. She studied Economics and Law, became a solicitor and also married another solicitor (Ki Beom Kwon). She and her husband were heavily involved in the Korean … Continue reading
Scottish comic wins serious jury verdict: Frankie Boyle v The Daily Mirror
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 →