A$300,000 in general damages assessed “holistically” over three defendants involving 28 articles … No aggravated damages … Finding of malice disregarded … Truth and qualified privilege defences defeated … Consideration of whether “reasonableness” should be a matter for the judge or the jury … Criticism of closing address by plaintiff’s counsel … Basis for attack on the reliability of defence witness’s testimony … Reasons why the defendants’ application for a jury discharge was dismissed Read the rest of this entry »
Case Law, Australia: Chris Gayle v Fairfax Media Publications & Ors (No. 2), A$300,000 in “holistic” damages – Stephen Murray
7 12 2018Comments : 2 Comments »
Tags: Damages, Gazette of Law and Journalism, Stephen Murray
Categories : Australia, Libel
Case Law, Australia: Wagner v Harbour Radio Pty: Defamatory radio broadcasts result in largest ever damages award, $3.7 million – Stuart Gibson
15 09 2018
In the case of Wagner & ors v Harbour Radio & ors ([2018] QSC 201) the Supreme Court of Queensland awarded a record total of $3.7 million to four brothers over comments made by controversial broadcast Alan Jones in 27 radio broadcasts which conveyed 76 defamatory imputations in relation to the collapse of a dam wall at a quarry owned by the brothers during floods in 2011. Read the rest of this entry »
Comments : 4 Comments »
Tags: Damages, Stuart Gibson
Categories : Australia, Libel
Case Law, Australia: Moroney v Zegers, Lying defamation defendant shot down by Sporting Shooters – Justin Castelan
12 09 2018
For a short time in 2012, Karel Zegers was the Acting President of the Victorian branch of the Sporting Shooters Association of Australia (“SSAAV”). His position on the Board was up for election in August that year and he decided to set up a website to run his campaign: shootersvictoria.com. Read the rest of this entry »
Comments : 3 Comments »
Tags: Damages, Defamation Watch, Justin Castelan
Categories : Australia, Libel
Case Law, Australia: Pahuja v TCN Channel Nine, Channel Nine’s “disgraceful” story, $300,000 damages – Justin Castelan
10 08 2018
Sunil Pahuja migrated to Australia at 27, did a Masters in accounting and developed a business installing solar panels. He knew many people in the Indian community and was to become the perfect example of a person who was in the wrong place at the wrong time. Read the rest of this entry »
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Tags: Damages, Defamation Watch, Justin Castelan
Categories : Australia, Libel
News: Sir Cliff Richard wins privacy claim against BBC, general damages of £210,000
18 07 2018
Mr Justice Mann today handed down judgment in the case of Sir Cliff Richard OBE v BBC [2018] EWHC 1837 (Ch)). The Judge held that the BBC’s reporting infringed Sir Cliff’s privacy rights. General and aggravated damages of £210,000 were awarded. A further hearing will be held to assess special damages. Read the rest of this entry »
Comments : 1 Comment »
Tags: BBC, Damages, Sir Cliff Richard
Categories : Freedom of expression, Privacy
Case Law: GYH v Persons Unknown, Transgender Escort wins right to harassment damages – Media Lawyer
9 02 2018
In the case of GYH v Persons Unknown ([2018] EWHC 121 (QB)) a transgender woman who works as an escort has won the right to a damages payout – if she can trace her anonymous online abuser. The claimant, identified only as GYH, was granted an injunction in December to protect her privacy after being subjected to a “campaign of harassment”. Read the rest of this entry »
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Tags: Damages, Julian Knowles J, Media Lawyer
Categories : Injunction, Privacy
News: Morrisons found liable in landmark data protection group action
1 12 2017
The supermarket chain Morrisons has been found to be vicariously liable for the leak of the personal data of employees by its former Senior IT Auditor, Andrew Skelton. Read the rest of this entry »
Comments : 5 Comments »
Tags: Damages, Vicarious Liability
Categories : Data Protection, Legal
