Category Archives: Damages

No tort for breach of privacy in South Australian epic: Sands v South Australia [2013] SASC 44

In a trial that ran for 55 days late last year and concluding in February this year, the plaintiff, Derick John Sands, has lost his claim for defamation, as well as other claims including a breach of confidence and a … Continue reading

Posted in Absolute privilege, Damages, Identification, News, Privacy, Publication, Reciprocal duty-interest, Trial, Truth | Tagged , | 1 Comment

Hong Kong newspaper keeps its damages: Oriental Daily Publisher Ltd & Kwan v Ming Pao Holdings Ltd & Ors, in the Court of Final Appeal of the Hong Kong Special Administrative Region, Final Appeal No. 1 of 2012, 26 September 2012

As common as Hayley’s Comet, in Hong Kong, the defamation jury trial appears about once every 80 years. So although this particular decision was some months ago, I don’t think I will be around in 2093 for the next one, … Continue reading

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

Emphatic win for Aspergers’ Advocate: Gluyas v John Best Junior [2013] VSC 3

Now 47, Philip Gluyas was 31 when he was diagnosed with Asperger’s Syndrome. On the one hand, Asperger’s can mean that a person has difficulties empathizing with people and dealing with social interactions that many people take forgranted. On the … Continue reading

Posted in Damages, Defamatory meaning, Trial | Tagged , | 1 Comment

Murray Water Corporation sent down the river for $295,000: Belbin& Others v Lower Murray Urban and Rural Water Corporation [2012] VSC 535

In the northwest of Victoria sits the orange-picking town of Mildura on the Murray River. To get there from Melbourne usually involves a 6-hour drive or a small flight on a plane with a flip-top lid. But it was there … Continue reading

Posted in Damages, fair and accurate report, Qualified privilege, Reciprocal duty-interest, Trial, Truth | Tagged , | 1 Comment

$200,000: Trkulja’s Second Big Win to Send Google into a Frenzy: Trkulja v Google Inc [2012] VSC [2012] VSC 533

In Silicon Valley, Google’s legal representatives will now be acquainting themselves with Australian defamation law and grimacing a lot, as for what seems to be the first time, a common law court has determined that, for the purposes of defamation, … Continue reading

Posted in Damages, Defamatory meaning, Publication, Trial | Tagged , , , , | 1 Comment

Cricket: Cairns’ £90,000 Damages out of proportion?… NOT OUT: Cairns v Modi [2012] EWHC 483 (QB)

The writer has barely coped with the mental devastation heaped on his football team in last month’s AFL Grand Final, but alas it is now but a distant suppressed memory  ….. and its cricket season! Early in the year, Chris … Continue reading

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

One Small Step for Mr Trkulja, One Giant Leap for GoogleKind: Trkulja v Google Inc [2012] VSC

In February this year, Milorad Trkulja, a Melbourne Music Promoter sued Yahoo!. What had happened was that if a person searched his name on Yahoo!, the results contained links to an article that linked him to the Melbourne underworld. While … Continue reading

Posted in Damages, News, Publication, Trial | Tagged , , , , | 2 Comments

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

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

Builder wins 50: Prendergast v Roberts [2012] QSC 144

Trevor Prendergast, a builder in Queensland since 1975, sued Shane Roberts, a man who ran a building company and entered into a building contract with Prendergast in late 2008 and early 2009. The job was not finished in early 2009 … Continue reading

Posted in Damages, Trial | Leave a comment

Nine-day trial yields Five K verdict: Holt v TCN Channel Nine P/L [2012] NSWSC 770

Andrew Holt brought defamation proceedings against Channel 9 for an edition of A Current Affair that was broadcast on 28 July 2009. The broadcast related to how he treated his late wife, Karen Holt, who was then dying with cancer. … Continue reading

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