Author Archives: Justin Castelan

Google’s dream comes true: plaintiff fails because trial would cost too much to run: Bleyer v Google Inc [2014] NSWSC 897

Roland Bleyer alleged that Google Inc published seven items about him, three in the form of search results and others in relation to articles that those search results hyperlinked to. For instance, the first matter that Bleyer sued on said … Continue reading

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

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

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420,000 reasons why Gallery Owner is no Racist: Cripps v Vakras [2014] VSC 279

In June 2009, two surrealist artists, Demetrios Vakras and Anne Raymond hired out gallery space at Guildford Lane Gallery for a 2-week exhibition. The operator of the gallery was Redleg Museum Services Pty Ltd and the owner was Raymond Cripps, … Continue reading

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2014: That Was the Season That Was

First of all, a big mea culpa from myself. Yes, it is true that my efforts to maintain a proper updating of this website across 2014 have ranged from abysmal to downright pathetic, but 2015 is a new year, full … Continue reading

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Google: “I Tort I Misused Private Information”: Vidal-Hall & Ors v Google Inc [2014[ EWHC 13 (QB)

As everyone knows, Google knows everything. Google collates and compiles information on virtually every search ever done on every computer, and uses this information to create money from selling advertising space on user’s screens. Google analyses that information to deduce … Continue reading

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

  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

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Dank’s defamation juggernaut faces first hurdles: [2013] NSWSC 1122; [2013] NSWSC 1064

The biggest name in Australian sport this year is not a footballer, a cricketer or even an athlete. The biggest name in Australian sport is Dr Stephen Dank, a “sports scientist”.  He is not a medical doctor, but in 2011 … Continue reading

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Cronulla’s legal advice on ASADA kept confidential: Cronulla-Sutherland District Rugby League Football Club Ltd v Nationwide News Pty Ltd [2013] NSWSC 494

The biggest news in Australian sport this year has been the investigation by the Australian Crime Commission and the Australian Sports Anti-Doping Authority (ASADA) into the alleged use by athletes and members of sporting teams of peptides and similar so-called … Continue reading

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Journalist’s source can be served as a pseudonym: Ultrasonic Slimming Pty Ltd & Anor v Fairfax Media Publications Pty Ltd [2013] NSWSC 547

Justice Nicholas was asked a question that has been troubling humankind since the dawn of time: If a tree falls in a forest and no-one hears it, does it make a sound? Or put in terms of the defamation list, … Continue reading

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Talk-back caller’s claim does not get on: Casley v ABC [2013] VSC 251

Jon Faine is the talk-show host on ABC Radio in the morning in Melbourne. On 2 July 2010, he took a call from a self-described “well known and frequent caller to radio talkback programs” and the “secretary of the People … Continue reading

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