By: Mark Brookes, Partner and Jessica Schaffer, Solicitor; Carter Newell (Queensland, Australia)
Defamation claims have become increasingly difficult to sustain, which is good news for insurers. This case is a helpful reminder of the short one year limitation period for bringing claims.
Facts
In Ghosh v Ninemsn Pty Ltd & Ors(1) the plaintiff was the director of a company which owned two rental properties at Surfers Paradise. Numerous news stories, internet publications and articles were broadcast by the defendants on various media outlets referring to the properties as party houses and showing the tenants trashing the property and engaging in drunken behaviour.
The plaintiff commenced proceedings against the defendants for, amongst other things defamation and trespass/breach of privacy. In particular, the plaintiff alleged numerous media organisations defamed her through the repeated publication of stories on television, in newspapers and on the papers' affiliated websites. Additionally, the plaintiff alleged trespass against two media organisations "who breached [the plaintiff's] privacy by publishing photos and slanderous stories about the house and its owners." (2).
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