Tag Archives: Appeal court

High Court rules on Replying to an Attack: Harbour Radio P/L v Trad [2012] HCA 44

On 18 December 2005, about a week after the Cronulla Riots, Keysar Trad was one of the speakers at a “peace rally” in front of 5000 people at Hyde Park in Sydney. He said this: “I never lost my faith … Continue reading

Posted in contextual truth, Defamatory meaning, Malice, News, Qualified privilege, reply to attack, Truth | Tagged , , | 1 Comment

Mick Molloy still not funny: Cornes v The Ten Group Pty Ltd & Ors [2012] SASFC 99

With the 2012 AFL Grand Final only a few days away, and the writer’s team, Hawthorn, playing off for the title against the Sydney Swans, it is about time this blog found a way to weave the mighty Hawks into … Continue reading

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

$150,000 Queensland pub verdict overturned: Putland v Nowak [2012] QCA 121

  Joseph Nowak and Paul Putland lived in the same residential block on the Gold Coast, with the same body corporate in Southport. Nowak had been having difficulties with the body corporate because he had carried out structural works in … Continue reading

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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

Posted in government and political matter, Honest opinion, Malice, Qualified privilege, Reciprocal duty-interest, Trial | Tagged , | Leave a comment

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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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

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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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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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

Posted in defences, Qualified privilege, Reciprocal duty-interest, Strike out application | Tagged , | Leave a comment