Tag Archives: newspaper

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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Habib’s Run ends with a big win: Habib v Radio 2UE Sydney Pty Ltd & Ors

On 14 August 2005 in Sydney, Mamdouh Habib, a man who had seen more pain and adversity than any person ought to have to ever bear, ran the City to Surf. He did pretty well, but unbeknownst to him, this … Continue reading

Posted in contextual truth, Damages, Fair comment, Malice, Trial, Truth | Tagged , | 3 Comments

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

South African source kept confidential: Bosasa Operation Pty Ltd v Basson & Anor [2012] ZAGPJHC 71

In this age of the Leveson Inquiry and Rupert Murdoch being cross-examined about why there may be dozens of people arrested in his newspaper empire for crimes like phone hacking the telephone lines of people who lost family members in … 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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Banker’s sexual harassment and defamation claims demolished: Dye v Commsec [2012] FCA 242

From March 2005 until November 2007, Vivienne Dye worked for Commsec. Her position was made redundant, and later, she made a claim to the Human Rights and Equal Opportunity Commission that she had been sexually harassed by two senior executives, … Continue reading

Posted in Trial, Truth | Tagged , | 4 Comments

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

Posted in Damages, Honest opinion, Qualified privilege, Reciprocal duty-interest, Trial | Tagged | 1 Comment

Copying the defendant’s imputations – Just not on: Waterhouse v The Age Company Ltd & Ors [2012] NSWSC 9

After the usual fight about imputations, the plaintiff’s amended statement of claim alleged that articles from The Age carried the following imputations about him: (a)     the plaintiff procured the murder of George Brown; OR (b)     the plaintiff was an accessory … 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