On 19 February 2019, Justice Besanko of the Federal Court of Australia delivered judgment for Senator Sarah Hanson-Young on an application Senator David Leyonhjelm brought seeking leave to appeal the interlocutory judgment of Justice White not to summarily dismiss Senator Hanson-Young’s action against him in defamation.  Further information about the interlocutory judgment can be read here.  Justice Besanko dismissed the application for leave to appeal and awarded costs. Sue Chrysanthou and Barry Dean from 153 Phillip appeared for Senator Hanson-Young on both applications. Read the full judgment: Hanson-Young v Leyonhjelm [2019] FCA 156 Senator Hanson-Young commenced defamation proceedings against Senator Leyonhjelm in relation to various statements he had allegedly published about her and what she allegedly said in the Senate on 28 June 2018.  Senator Hanson-Young’s claim in defamation will now proceed to Trial.

Nationwide News Pty Ltd v Vass [2018] NSWCA 259 On 8 November 2018, the NSW Supreme Court of Appeal confirmed that an offer of amends under the Defamation Act was still capable of acceptance by a plaintiff even after the plaintiff had made an offer of compromise (of a higher amount) under UCPR r. 20.26. Peter Gray SC and Luke Chapman appeared for the successful respondent.

153 Phillip congratulates Sue Chrysanthou, led by Bruce McClintock SC on their historical defamation win in the Federal Court of NSW on behalf of Geoffrey Rush. Please see the Judgement below: http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2019/2019fca0496

Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100 The Court found that it had authorised the use of its trademarks via its parent company. The Court also determined that the date of assessment of the discretion under s44(3)(b) of the Trade Marks Act is the time of judgment – and not the time of application. Trident Foods was represented by Sue Chrysanthou from 153 Phillip Barristers leading Shauna Ross. Please see the judgement below: Trident Seafoods Corporation v Trident Foods Pty Ltd [2019] FCAFC 100_no sig

153 Phillip congratulates Sue Chrysanthou led by Bruce McClintock SC who appeared for the successful appellant in the case of Murray v Raynor [2019] NSWCA 274.  Please click here for the full Judgement  

Matthew Richardson and Barry Dean appeared for the successful respondent in Eshow v Zaia [2020] NSWCA 10. The respondent, the Archbishop of the Assyrian Church of the East, had previously succeeded in a defamation action in the Supreme Court arising from posts on Facebook: [2017] NSWSC 1540.  The respondent then obtained a civil declaration of contempt in the Supreme Court against the appellant for his failure to comply with orders the Court had imposed restraining further publication: [2019] NSWSC 740.  The appellant sought to appeal both judgments in this appeal. The Court of Appeal in dismissing the appeal: refused to extend time for the appellant to bring the appeal; and awarded the respondent his costs.