Tag Archives: Appeal court

Court of Appeal rules that Rebel Wilson’s damages not special: Bauer Media Pty Ltd v Wilson [2018] VSCA 154

Posted on July 24, 2018 by

The Victorian Court of Appeal has ruled that Rebel Wilson’s $4.5 million record damages verdict is no longer the record, rejecting her claim for special damages and cutting the figure down to $600,000. While this was a big win for … Continue reading →

Posted in Damages, Trial | Tagged , , , , | Leave a comment

The Return of Trkulja: Episode IV – Trkulja v Google LLC [2018] HCA 25

Posted on June 21, 2018 by

The Trkulja defamation franchise is into its fourth instalment, with the latest victory against the Google Empire coming with a stirring outcome arising from Mr Trkulja’s debut appearance in the High Court. Previously in Trkulja v Google: in 2012, Trkulja … Continue reading →

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

Trkulja III not as good as the originals: Google Inc v Trkulja [2016] VSCA 333

Posted on February 7, 2017 by

By 2008, Indiana Jones had fought, flown and fallen through several great adventures: all against great odds, in the face of powerful empires and despite significant hurdles, he ploughed on… ultimately to victory. Then came Indiana Jones and the Crystal … Continue reading →

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

Strip club owner is no brothel madam: Hardie v Herald & Weekly Times [2016] VSCA 103

Posted on May 23, 2016 by

The plaintiff, Ms Raelene Hardie, was a part owner and manager of a strip club in rural Victoria called “Club Rawhide”. On 16 May 2013, the Herald Sun ran an article written by Andrew Rule, a journalist, on its front … Continue reading →

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

Artists’ appeal upheld, record verdict set aside and re-trial ordered: Vakras v Cripps [2015] VSCA 193

Posted on August 3, 2015 by

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 , , , | Leave a comment

Crushed Rock damages ruled too soft on appeal: Jeffrey & Curnow v Giles [2015] VSCA 70

Posted on May 25, 2015 by

Jeffrey and Curnow were defamed by statements made by Virginia Giles on a website in 2011. The plaintiffs were directors of a company, Casacir Pty Ltd, which operates a quarry in the south of Victoria. The defendant’s company owned the … Continue reading →

Posted in Damages | Tagged , , | Leave a 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

Setka further set back by the Prime Minister in Court of Appeal: Setka v Abbott & Anor [2013] VSCA 345

Posted on December 4, 2013 by

  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 , | Leave a comment

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

Posted on February 28, 2013 by

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

Posted on February 19, 2013 by

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