McDonald v Dods
[2017] VSCA 129
Citation 1
(Para 46)
…In Victoria in McDonald v Dods [2017] VSCA 129 the Court of Appeal upheld the ruling of the trial judge of the so-called “Google inference”. In his reasons the trial judge[8] had said that:…
Radio 2UE Sydney Pty Ltd v Chesterton
[2009] HCA 16
Citation 2
(Para 51)
…n ordinary reasonable person to think less of a person. There is no separate tort of business defamation and in Radio 2UE Sydney Pty Ltd v Chesterton [2009] HCA 16, the High Court held that the same test for what is defamatory generally also applies to defamation in relation to a person’s trade or business, name…
Favell v Queensland Newspapers Pty Ltd
[2005] HCA 52
Citation 3
(Para 56)
…ry a certain imputation or be defamatory: Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632, 638; Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 [17]. A reasonable reader attempts to strike a balance between the most extreme meaning that the words could have and the most innocent meaning: Lewi…
Herald & Weekly Times Ltd v Popovic
[2003] VSCA 161
Citation 4
(Para 57)
…fendant seeks to place upon the words: Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 [55], [58]; The Herald & Weekly Times Ltd v Popovic (2003) 9 VR 1 [314].…
John Fairfax Publications Pty Ltd v Rivkin
[2003] HCA 50
Citation 5
(Para 54)
…capacity for implication is greater than that of a lawyer: Lewis v Daily Telegraph Ltd [1964] AC 234, 258; John Fairfax Publications Pty Ltd v Rivkin (2003) 201 ALR 77 [23] – [26]; Farquhar v Bottom [1980] 2 NSWLR 380, [21] – [22].…
Amalgamated Television Services Pty Ltd v Marsden
[2002] NSWCA 419
Citation 6
(Para 55)
…k would read it with more care than he or she would peruse a newspaper: John Fairfax v Rivkin [26]; Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158, 165; Farquhar v Bottom [24].…
Dow Jones & Co Inc v Gutnick
[2002] HCA 56
Citation 7
(Para 40)
…In Dow Jones & Co Inc v Gutnick (2002) 201 CLR 575, 600-1 [25]-[28] the High Court said:…
Amalgamated Television Services Pty Ltd v Marsden
[1998] NSWCA 13
Citation 8
(Para 55)
…tation is conveyed. For example, a reader of a book would read it with more care than he or she would peruse a newspaper: John Fairfax v Rivkin [26]; Amalgamated Television Services Pty Ltd v Marsden (1998) 43 NSWLR 158, 165; Farquhar v Bottom [24].…
Chakravarti v Advertiser Newspapers Ltd
[1998] HCA 37
Citation 9
(Para 57)
…ourt is not limited by the meaning which either the plaintiff or the defendant seeks to place upon the words: Chakravarti v Advertiser Newspapers Ltd (1998) 193 CLR 519 [55], [58]; The Herald & Weekly Times Ltd v Popovic (2003) 9 VR 1 [314].…
Crampton v Nugawela
[1996] NSWCA 128
Citation 10
…of a professional, particularly upon the reputation of those whose work and life depend on their honesty, integrity and judgment: Crampton v Nugawela (1996) 41 NSWLR 176 195. (b)The harm caused to a plaintiff often lies more in her or his own feelings, what she or he thinks other people are thinking of her or him, tha…
Mirror Newspapers Ltd v World Hosts Pty Ltd
[1979] HCA 3
Citation 11
(Para 56)
…le and considers the context as well as the words alleged to carry a certain imputation or be defamatory: Mirror Newspapers Ltd v World Hosts Pty Ltd (1979) 141 CLR 632, 638; Favell v Queensland Newspapers Pty Ltd (2005) 221 ALR 186 [17]. A reasonable reader attempts to strike a balance between the most extreme meani…
Trkulja v Yahoo! Inc LLC
[2012] VSC 88
Citation 12
(Para 48)
…by the reviews by anyone who undertook a rudimentary search of Google. I take into account in my reasoning the statement in Trkulja v Yahoo! Inc. LLC [2012] VSC 88 in which Kaye JA said he was [36]:…