Category Archives: Strike out application

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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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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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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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

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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

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Setka Setback against Liberal’s Libel: Setka v Abbott & Anor [2012] VSC 534

On 10 February this year, Tony Abbott, (yes the leader of the Coalition) spoke at a conference of the Masters Building Association. He spoke about the Australian Building and Construction Commission and his words were republished by Sky News. He … Continue reading

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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

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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

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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

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