NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Ell v Milne (No 8) [2014] NSWSC 175 Hearing dates: 25, 27, 28 March, 6, 7 May 2013 Decision date: 07 March 2014 Before: McCallum J Decision: Judgment for the plaintiff in the sum of $15,000 Catchwords: DEFAMATION - defences - defence of qualified privilege at common law - email headed "letter to the editor" concerning conduct of developer sent to about 70 email addresses including newspapers, politicians and environmental groups - whether to be inferred that recipients opened and read email - whether email published on an occasion of qualified privilege - defence of contextual truth - whether defendant's contextual imputation concerning political donations proved substantially true
DEFAMATION - damages - where plaintiff did not give evidence or attend any part of hearing - whether entitled to any award for hurt to feelings or any aggravated damages Legislation Cited: Defamation Act 2005, s 26 Evidence Act 1995, s 140 Cases Cited: Andrews v John Fairfax & Sons Limited [1980] 2 NSWLR 225 Carson v John Fairfax & Sons Limited & Slee [1993] HCA 31; 178 CLR 44 Cassell & Co v Broome [1972] AC 1027 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Competition and Consumer Commission (2007) 162 FCR 466; (2007) 242 ALR 643 David v Abdishou [2012] NSWCA 109 Ell v Milne (No 5) [2013] NSWSC 246 Ell v Milne (No 6) [2013] NSWSC 599 Ell v Milne (No 7) [2013] NSWSC 600 Lange v Australian Broadcasting Corporation [1997] HCA 25; 189 CLR 520 Marshall v Megna; Megna v Tory; Tory v Megna [2013] NSWCA 30 Ratcliffe v Evans [1892] 2 QB 524 Roberts v Bass [2002] HCA 57; 212 CLR 1 Uren v John Fairfax & Sons Pty Ltd (1996) 117 CLR 118 Warren v Warren (1834) 1 C M & R 250 Category: Principal judgment Parties: Robert Ell (plaintiff) Katie Milne (defendant) Representation: Counsel: T Tobin QC, B Kelleher T Molomby SC, R Rasmussen and then L Goodchild Solicitors: Anthony Smith Solicitor (plaintiff) NLS Law Pty Ltd (defendant) File Number(s): 2010/417226 Publication restriction: None
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate