Interlocutory/Case-Management    November 26, 2019

Dylan Hafertepen v Network Ten Pty Ltd

Federal Court ... American man sued Network 10 over story about the death of his partner ... Testicular silicone injections ... Silicone embolism syndrome ... Body modification ... Aggravated damages sought ... Judge orders interim security for costs of $20,000 ... "Let's see the colour of their defence" ... Stephen Murray reports ... more

 

Damages    November 26, 2019

Sarah Hanson-Young v David Leyonhjelm

$120,000 awarded to Senator Sarah Hanson-Young for defamatory attack by rival senator ... Federal Court finds Hanson-Young did not say "all men are rapists" ... The theatre of politics ... "Castigations of opposing politicians" ... The promiscuity imputation ... Defences of justification and qualified privilege unsuccessful ... Reasonableness ... Malice ... Parliamentary privilege only applies to proceedings in parliament ... Assessment of damages ... Stephen Murray reports ... more

 

Damages    November 25, 2019

Wagner & Ors v Nine Network & Ors

$3.6 million awarded to four Queensland quarry owners against Nine Network and commentator Nicholas Cater ... 60 Minutes ... Cater engaged in an "apparent vendetta" ... "Unjustifiable and improper" conduct ... Baseless statements ... Failure to seek a comment ... Carelessness in not checking ... Failure to apologies ... Aggravated damages ... Comparison with the case against Harbour Radio and Alan Jones ... Awards not punitive ... Vindication ... The ghost of Gerald Stone ... Stephen Murray reports ... more

 

Dossier    November 21, 2019

Defamation reform: Porter and Speakman

Press Club speech by Commonwealth attorney general ... Broad outline of the defamation reform priorities ... NSW attorney general releases his thoughts ... Some loose thinking around liability for digital platforms ... Two-stage reform process ... Other media reforms from Your Right to Know not canvassed ... Janek Drevikovsky reports ... more

 

Interlocutory/Case-Management    November 21, 2019

Allan Kalus v Google LLC

Federal Court ... Plastic surgeon suing Google for critical reviews of his practice ... Unhappy patient ... Notice ... Delay in removing posts ... Digital platforms and mainstream media ... Attorney General wants a level playing field ... Stephen Murray reports ... more

 

Interlocutory/Case-Management    November 21, 2019

Adam Lang v Michael Smith

Federal Court ... Former radio executive sues blogger over attacks on his competence as a manager and the way contract negotiations with Alan Jones were handled ... Radio rights for Cricket World Cup ... Respondent deemed to have been served ... Stephen Murray reports ... more

 

Publication    November 20, 2019

Young v Racing NSW (ABN 862 816 044 17) & Ors

District Court of NSW ... Horse trainer's case dismissed ... Claim that "persons unknown" may have read an ABC story online and consequently denied him access to the racetrack at Casino ... Publication ... Identification ... "Maze of incomprehensible pleadings" ... Abuse of process ... Using defamation proceedings as judicial review of racing club's decision ... Defects in pleadings ... Proportionality principles ... Stephen Murray reports ... more

 

Dossier    November 19, 2019

Daniel Taylor v Nationwide News & Brenden Hills

Federal Court ... Nationwide News files defence in Daniel Taylor case ... Son of Kings Cross identity John Ibrahim ... Business dealings on behalf of his uncle, Michael Ibrahim ... Importation and distribution of illegal tobacco ... Applicant allegedly has knowledge of criminal activities ... Inference he is a criminal involved in organised crime ... Stephen Murray reports ... more

 

Injunctions    November 19, 2019

Omega Plumbing Pty Ltd v Harbour Radio Pty Ltd t/as 2GB and 2GB 873

NSW Supreme Court ... Interlocutory injunction to stop 2GB's and Ray Hadley's attacks on a plumbing company ?... Injurious falsehood ... Malice ... Reckless indifference to the truth ... Free speech considerations have less weight in cases of injurious falsehood ... Stephen Murray reports ... more

 

Interlocutory/Case-Management    November 19, 2019

Branch v Papyrus Australia Ltd

Amended statement of claim struck out with leave to replead ... Federal Court ... Defamation by omission ... Company did not mention former managing director in its annual report ... True innuendoes ... Extrinsic facts ... Shunned and avoided ... Difference between economic loss and aggravated damages ... Stephen Murray reports ... more

 

Appeals    November 18, 2019

Murray v Raynor

Letterbox drama at Manly apartment building ... NSW Court of Appeal sets aside $120,000 damages awarded by the District Court ... Manifestly excessive ... No damage to respondent's reputation ... No occasion for aggravated damages ... Common law qualified privilege established ... Email to 16 residents ... No malice ... Parisa Hart reports ... more

 

Interlocutory/Case-Management    November 16, 2019

Abdulrazaq v Hassan

WhatsApp group chat ... Mosque affairs ... Terrorism ... UK High Court ... Meanings ... Social media communications should be read "impressionistically" ... ?"On your bike" ... "See you in court" ... Janek Drevikovsky reports ... more