Gary Hevey Gordon & Jackson 9225 8075 9225 7333 ...

3
Mr Andrew Ettinghausen a well-known rugby league player in New South
Wales sued as a result of a magazine publishing a photograph of him in a
shower after a match, the photograph was revealing; a jury compensated Mr
Ettinghausen to the amount of $350,000. The NSW Court of Appeal thought
the hurt not to be that large and reduced the damages to $100,000. In a similar
matter Ms Sonia Shepherd, a then 31-year-old mother from Hervey Bay in
Queensland was awarded $120,000 when a magazine, without her permission,
published a nude photograph of her. Mr Kennett, a former premier of this State
reportedly received a settlement from Channel 9 in the order of $400,000. Ms
Jelena Popovic, Magistrate received $250,000 when Mr Andrew Bolt inferred
that she was soft on crime and unfit to be a Magistrate. Mr John Marsden, a
former president of the New South Wales Law Society sued Channel 7 in 1999
over allegations aired in Witness and Today Tonight that Mr Marsden had
engaged in sexual conduct with under age boys. He was awarded $525,000 plus
millions of dollars in indemnity costs (his lawyers had made an offer of
compromise $500,000) with reports indicating that legal costs in this, a very
long running case, amounted to around $18 million dollars. Channel 7 appealed
and lost.
8. Other matters that might be of interest include, the case commenced by Mr
Alphonse Gangitano against the journalist Mr John Silvester and 3AW after Mr
Silvester alleged Mr Gangitano had “the brains of a flea and the genitalia to
match”. I have not seen the pleadings but I assume that both parts of the
sentence were alleged to be defamatory. Regrettably, Mr Gangitano apparently
experienced some difficulty with a Mr Jason Moran, and as a result of an early
demise, was unable to see the proceedings through to the door of the Court.
Gary Hevey
Gordon & Jackson
9225 8075 9225 7333