Posts

Showing posts with the label law

me, bush lawyering about free press?

Maybe we will all have to say something 'positive' when we review books in future in this country. A recent judgement of the High Court supported the idea that a restaurant review that was negative could harm a business. The Court overturned the decision of a jury which, obviously, held the opposite. The majority in the High Court supported the reasoning of Beazley JA in the Court of Appeal, who said: "The food served in any restaurant is its essential business. If the food is 'unpalatable' the restaurant fails on the very matter that is the essence of its existence. This is especially so of a purportedly high class restaurant. To say of a restaurateur of such an establishment that they sold 'unpalatable' food injures that person in their business or calling and because of that, is defamatory. In my opinion, no reasonable jury properly directed could reach any other verdict." The one dissenting judgement, from Justice Michael Kirby, said: "Citize...