News stories 2003
No. 153
December 17, 2003
Victorian Court of Appeal tightens the noose on the Lange defence. It doesn't apply to remarks about judicial officers. From a media point of view the defence is practically unworkable. Of course, the journalist was "slipshod"
December 17, 2003
Herald & Weekly Times Ltd and Andrew Bolt v Jelena Popovic
"Conman" only successful on the single imputation conceded by Channel Nine as arising from report by David Margan (left) on A Current Affair
December 1, 2003
Roland Bleyer v TCN Channel Nine Pty Ltd
Dr Kerryn Phelps gets three imputations up in relation to Piers Akerman's "bagging" in The Sunday Telegraph. Two quite grave meanings fail to get past the jury
November 26, 2003
Kerryn Phelps v Nationwide News Pty Ltd & Piers Akerman
Former NSW Labor MP gets three out of four imputations up against the Morning Crew. Jury finds it not defamatory to say an MP "was so tyrannical he turned his secretary into a personal slave"
November 25, 2003
Peter Nagle v Austereo Pty Ltd
"Frenzy of infecting material" will not prejudice jury in early hearing of Olympic Swimming director's defamation trial against A Current Affair
November 21, 2003
Gregory Hodge v TCN Channel Nine Pty Ltd
NSW jury finds that an imputation of homosexuality is not defamatory, nor is one relating to exhibitionism. Otherwise, a Sun-Herald story about a promotional stunt for the Gay and Lesbian Mardi Gras defames former partner of Gadens
November 8, 2003
Robert Kelly v John Fairfax Publications Pty Ltd
Jury finds that investment banker and company director Geoff Hill was not defamed by Mark Westfield in The Australian
November 4, 2003
Geoff Hill v Mark Westfield & Nationwide News Pty Ltd
Big tow truck operator gets his "corrupt, collusive, intimidating" imputations up against Darren Goodsir's investigation in The Sydney Morning Herald
November 4, 2003
Kevin Waters v John Fairfax Publications Pty Ltd
No. 152
October 28, 2003Section 7A
Jury majority turns down Kerry Packer's claim against The Sydney Morning Herald. "Insatiable greed for riches" and "megalomaniac" did not arise from Stay in Touch spoof
October 28, 2003
Packer v John Fairfax Publications Pty Ltd
Abe Saffron fails in "Mr Sin" case against The Sydney Morning Herald. Jury unmoved by Clive Evatt's analogy to Eugene Onegin
October 24, 2003
Abe Saffron v John Fairfax Publications Pty Ltd
Justice Levine discharges jury in Eddie Obeid MP defamation action after counsel for The Sydney Morning Herald made a few excessive rhetorical flourishes
October 24, 2003
Edward Obeid v John Fairfax Publications Pty Ltd
Telco formerly chaired by Jeff Kennett defamed by Financial Review article on accounting standards
October 21, 2003
National Telecoms Group v John Fairfax Publications Pty Ltd
Private detective agency succeeds with all four imputations over The Australian's story on phoney university degrees
Sept 15, 2003
Websters Australia Pty Ltd v Nationwide News Pty Ltd
Costs
NSW Supreme Court removes costs restrictions for plaintiffs in defamation cases following Justice Simpson's award of modest damages in Mosman Daily case
October 19, 2003
West and Fortunate Investments Pty Ltd v Nationwide News Pty Ltd t/a Cumberland Newspaper Group
District/County Court defamation cases
Judge Gibson applies new law and terminates corporate plaintiff's defamation proceedings in NSW. Action may head down the highway to Canberra
October 9, 2003
Rural & General Insurance v The Australian Prudential Regulation Authority
$300 damages to solicitor arising from defamatory outburst in foyer of the County Court - in earshot of one other
October 13, 2003
Wood v Owens
Perversity abounds
Justice Shaw who, as NSW Attorney General, introduced the section 7A "reform" despairs at his creation. The division of functions between jury and judge may be "the wrong way round". He finds a jury decision in favour of the ABC and Four Corners "perverse" and orders a new trial
September 18, 2003
Paul Reading v Australian Broadcasting CorporationDefamation case over letters from mayor of Sutherland Shire. Judge Judith Gibson sets aside jury verdict because, whatever the test adopted, she says it was perverse
September 22, 2003
Signorelli v Sonda
Callinan J writes the leading judgment on jury "perversity" in s.7A defamation trials. The High Court sends five of Rene Rivkin's imputations back for retrial. Scratchy differences between Kirby and McHugh
Sept 12, 2003
John Fairfax Publications Pty Ltd v Rivkin
More unhappiness for media defendants in the High Court
Extensive nitpicking over defence of fair protected report ... plus another bout of artifice on defamation damages
Sept 17, 2003
Rogers v Nationwide News Pty Ltd
No. 151
August 27, 2003
Justice Henric Nicholas to take over busy NSW defamation list in unconventional equity-common law double header
August 27, 2003
StoryJournalist Paul Barry escapes charge of criminal libel after ruling by Chief Justice of the ACT
August 26, 2003
Byrnes v Barry & John Fairfax Publications Pty LtdNSW Court of Appeal upholds right of a jury to have an English language transcript of Greek radio broadcasts. Assessment of a transitory publication not undermined
August 26, 2003
Foreign Media Pty Ltd v KonstantinidisMedia up in arms about NSW law reform plan to require judges to determine whether images acquired "covertly" can be published
July 31, 2003
Surveillance reportHigh public duty of the journalist to chase the story does not prevail. The Australian's Paul Toohey convicted for breaching the Northern Territory's Aboriginal Land Act
August 12, 2003
Peach v Toohey
CAPACITY
A "bare reference to Mr Sin" doesn't help Abe Saffron's imputations
August 13, 2003
Saffron v John Fairfax Publications Pty LtdSun-Herald's contextual imputations in "tax tears" case defective in form
August 13, 2003
Saint v John Fairfax Publications Pty LtdDr Kerryn Phelps keeps most of her imputations in case against Piers Akerman's anthrax outpourings
August 12, 2003
Phelps v Nationwide News Pty LtdOrdinary reasonable readers would treat a Sun-Herald story on Souths' football coach as a "joke". Imputations incapable of arising
August 8, 2003
Coleman v John Fairfax Publications Pty LtdJustice Levine rejects Justice Bell's thinking on imputations of homosexuality. He thinks it's defamatory, although context is everything
July 29, 2003
Kelly v John Fairfax Publications Pty LtdTrade unions survive challenge to standing to sue. Yet only one imputation arising from Leonie Lamont's opinion article survives
July 29, 2003
Robertson v John Fairfax Publications Pty Ltd
SECTION 7A
Balance requires plaintiffs to have the final word in the ear of the jury
July 30, 2003
Griffith v Australian Broadcasting CorporationJury finds plaintiff defamed by assertion that he attended a party thrown inside Long Bay jail by the political assassin Phuong Ngo. Sydney Morning Herald articles by Miranda Devine and Stephen Gibbs
Moree pharmacist who owns the only two chemist shops in town succeeds with most of his imputations in case against newspaper attack on price and service
July 9, 2003
To Ha Huynh v John Fairfax Publications Pty Ltd
July 3, 2003
Loo v Regional Publishers Pty Ltd
No. 150
June 24, 2003Final submissions in important comment case. The Sydney Morning Herald also argues that Lange qualified privilege extends to discussion about the conduct of judicial officers
June 24, 2003
O'Shane v John Fairfax Publications Pty LtdJanet Albrechtsen's opinions about Magistrate Pat O'Shane not shaken in cross-examination. It's "inappropriate for a magistrate to make extraneous comments"
June 19, 2003
O'Shane v John Fairfax Publications Pty LimitedHard fought comment defence. Pat O'Shane pressed on the meaning of Janet Albrechtsen's criticism of her in Sydney Morning Herald opinion pages
June 17, 2003
O'Shane v John Fairfax Publications Pty Ltd60 Minutes has a "derivative" qualified privilege to broadcast a reply to an attack on the subject of an interview. Malice and damages sent back to a jury by Court of Appeal
June 24, 2003
Bass v TCN Channel Nine Pty Ltd
All things considered the High Court thinks it is fair to hear Harrods' defamation case against The Wall Street Journal in England. Small readership of print and on-line story in response to Al Fayed April Fool stunt
June 17, 2003
Harrods Ltd v Dow Jones & Co IncThree savage publications defaming the executive director of the local law society result in $40,000 damages in rare Tasmanian defamation trial
June 16, 2003
Martin v TrustrumSmiles all round at Len Evans' settlement with The Australian Financial Review. Rugby league brothers settle with The Daily Telegraph
June 12, 2003
SettlementsFinding of contempt against A Current Affair. Broadcast of a story suggesting the guilt of accused just after a hung jury was discharged. Potential to influence jury at a retrial (that was never held)
June 9, 2003
Attorney General for Qld v WIN Television Qld Pty LtdJury finds only one imputation for "prophet" Jeremy Griffith and two for Everest climber Tim Macartney-Snape (right). Twenty-one of the total 24 imputations pleased by nine plaintiffs failed in hard fought case against Four Corners and ABC radio
May 30, 2003
Griffith v ABC - Day 4 of s.7A trialBret Walker sums up for the ABC saying plaintiffs' imputations are in the "come off it" category
May 29, 2003
Griffith v ABC - Day 3 of s.7A trialLarge section 7A trial underway over Four Corners' program "The Prophet of Oz". Mountaineer Tim Macartney-Snape among plaintiffs suing the ABC. "Harmful cult posing a threat to young people".
May 28, 2003
Griffith v ABC
No. 149
May 20, 2003Justice Levine finds that defamation proceedings amounted to menacing of a newspaper's advertisers. Plaintiff's case dismissed as an abuse of process
May 20, 2003
Hanna v Maks
Section 7A
Now two juries have disagreed with the NSW Court of Appeal - in both cases finding that an imputation of physical violence towards a child is not defamatory. Whither "perversity" now?
May 19, 2003
Pavy v John Fairfax Publications Pty LtdClean sweep against Today Tonight for "callous, parasitic" mother in District Court s.7A trial
May 12, 2003
Ricketts v Amalgamated Television Services Pty LtdJustice Levine decides that the issue of republication is for the judge, not the jury
May 9, 2003
Griffith v Australian Broadcasting CorporationSkalkos doesn't show. Lawyers withdraw. Judgment entered for last standing defendant, the printer of O Kosmos
May 1, 2003
Skalkos v Planet Enterprises Pty Ltd & OrsJury finds all five imputations from Woman's Day article defamatory of celebrity Charlotte Dawson. Justice Levine decries the artificiality of the ordinary reasonable reader test
April 22, 2003
Dawson v ACP Publishing Pty LtdFormer senior NSW policewoman defamed by Alan Jones and 2UE in lengthy "editorial" and "interview"
April 18, 2003
Lola Scott v Alan Jones and Radio 2UE Sydney Pty LtdJustelius v Michael Southern & Associates Pty Ltd & Ors
Jamoo v Nationwide News Pty Ltd
Appeals
One imputation goes back to the jury as Court of Appeal unearths more perversity, but no "cross-infection"
May 5, 2003
Harvey v John Fairfax Publications Pty LtdNew life is breathed into Arthur Harris' second round in The Gambling Man litigation. Court of Appeal allows action to proceed against Robbie and Bill Waterhouse
May 13, 2003
Harris v 718932 Pty Ltd & OrsMorsels from Fairfax's High Court appeal in the Rivkin defamation case. The judges raised all manner of contentions
April 9, 2003
John Fairfax Publications Pty Ltd v Rivkin
Common law qualified privilege still standing as a defence for Dow Jones in Gutnick case
April 7, 2003
Gutnick v Dow Jones & Co IncDispute over use of BBC Iraq coverage by SBS. Foxtel claims its subscriber service "devalued". The multicultural broadcaster staves of interim injunction sought by BBC
April 1, 2003
BBC World Ltd v Special Broadcasting Service Corporation
No 148
February 28, 2003Jury verdict for plaintiffs in home builders' action against A Current Affair. Craftsman Homes Australia Pty Ltd v TCN Channel Nine Pty Ltd
Feb 28, 03 Day four
Feb 27, 03 Day three
Feb 26, 03 Day two
Feb 25, 03 Day oneThe House of Lords reviews breach of court injunction by third parties and upholds government appeal against the expired Punch magazine Feb 24, 03
Attorney General v Punch Ltd
No. 147
February 19, 2003Queensland Court of Appeal upholds jury award for interior design defamation Feb 19, 03
Van Riet & Ors v ACP Publishing Pty LtdMr and Mrs Douglas fail to have Hello!'s defence struck out despite destruction of vital evidence. Plaintiffs permitted to amend their claim against the celebrity magazine Feb 18, 03
Douglas v Hello! LtdSection 7A . Jury gives 11-nil verdict in favour of Piers Akerman's union bashing column in The Daily TelegraphFeb 11, 03
Maitland & CFMEU v Nationwide News Pty LtdUS appeal court spurns the Dow Jones v Gutnick approach in squabble over jurisdiction for internet defamation Feb 12, 03
Young v New Haven AdvocateSummary proceedings not the place to grapple with question of juridiction for defamation proceedings arising from internet publication Feb 12, 03
Macquarie Bank Ltd v BergMike Munro's swansong... $1.7 million verdict against A Current Affair over misuse of bikie footage to illustrate a report on organised crime. Channel Nine behaved like a "bully" and with "wicked recklessness".Jan 27, 03
Jackson & nine ors v TCN Channel 9 Pty LtdPleadings. The word "caused" raises its head again in clunky imputations. It's still a weasel word in all its splendid ambiguity. West Australian judge despairs at the sterility of procedural forms. Feb 10, 03
Roberman v Australian Broadcasting Corporation
