Category Archives: Qualified privilege

Mayor’s claim against nun to be tried again: Lloyd-Jones v Allen [2012] NSWCA 230

  Muriel and Gary Campbell are members of an Aboriginal family living in Bermagui, NSW.  In October 2006 racist graffiti directed towards Aboriginals was painted on a bridge in the area and around that time there was a fight on … Continue reading

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Child care employer taught $150,000 lesson: Association of Quality Child Care Centres of NSW v Manefield [2012] NSWCA 123

  The Association of Quality Child Care Centres in NSW was an incorporated association with an executive committee of 10 members. Bruce Manefield was the Executive officer from 7 February 2006 until 16 May 2008 and is the plaintiff in … Continue reading

Posted in Damages, Defamatory meaning, Qualified privilege, Reciprocal duty-interest, Trial | Tagged | 1 Comment

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 , | 1 Comment

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

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Defamation Watch Shop: LVMH Watch & Jewellery Australia Pty Ltd v Lassanah & Ors [2011] NSWCA 370

On 10 June 2008, Michael Lassanah and Aaron Oddie entered the Tag Heuer shop in King Street in the centre of Sydney. They went in and looked at some watches and their conduct was perfectly innocent. However, staff in the … Continue reading

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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

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Journalists’ source to be revealed: Liu v The Age Company Ltd [2012] NSWSC 12

On 3 February 2010, The Age published an article about Helen Liu and referred to her as a Chinese Australian businesswoman who had made substantial payments to the former Defence Minister, Joel Fitzgibbon as part of “a campaign to cultivate … Continue reading

Posted in government and political matter | Tagged | 1 Comment

Credit reporting agency covered by qualified privilege: Walker v Veda Advantage Information Services and Solutions Ltd & Anor [2011] QSC 316

The plaintiff was an applicant for credit. The first defendant a credit reporting agency and the second defendant was a previous creditor of the plaintiff. The plaintiff sued the agency for defamation arising from what he claimed was the publication … Continue reading

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Appeal, appeal and appeal again: Sands v State of South Australia [2011] SASCFC 136

The plaintiff alleged that members of the SA Police Force, in the course of investigating a suspicious death, made statements that were defamatory of him, including statements that the plaintiff was suspected to have murdered the deceased. The deceased was … Continue reading

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The politician’s privilege?: Wookey v Quigley [2011] WASC 227

Since Lange in 1998, politicians have no longer been the cornerstones of the defamation lawyer’s practice. The High Court decided that we have an implied right in our constitution to discuss “government and political matter” and so politicians took their … Continue reading

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