Brief Summary Of Gacic V Nsw Ca69

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Legal Speech

Context: food critics – to be more careful
Good Morning, I stand here before you today to speak on behalf of ____, at this ___convention. Many of you seated here are either critics, reviewers or opinionists and take great pride and joy in the profession that you do. (advise). The tort, defamation, regards the area of law dealing with the protection of reputation. The law provides the person who has been wrongfully attacked, the right to take legal action against those responsible. (reference)

For a defamation case to be successful there are three elements that must be satisfied; that the material was communicated by the defendant to a third party, the material identified the plaintiff or plaintiffs, and the material contained …show more content…

The plaintiffs of the case were Alexandra Gacic and her sister and brother in law, Liliana Gacic and Branislow Circic. A food critic and reviewer for the John Fairfax Publications company, Matthew Evans, sued by the proprietors of the restaurant, ‘Coco Roco’. The review by Evans titled, ‘Crash and Burn’, published on September 30, 2003 in the Sydney morning herald newspaper, was found to include three imputations (Identify what is defamatory matter) that were considered defamatory. Evans had stated that the restaurant ‘Coco Roco’ had; sold unpalatable food, provided bad service, and stated that one of the proprietors’ was incompetent as an owner of a restaurant as he had employed a chef who made poor quality food. The article in whole suggested that the restaurant was not worth attending and urged potential customers to stay …show more content…

The criminal offence occurs when a person or party publishes defamatory material with intent to cause serious harm to another; aware that the information published is false. The maximum penalty for the offence is three years imprisonment. As the defendant in the Gacic v Fairfax case was found to not intentionally have caused intentional harm to the plaintiffs.
The imputations of the article had caused significant damage to the plaintiffs’ reputations, causing great financial impact. The number of patrons attending the restaurant, after the publishing of the review, dramatically decreased to less than a quarter of what it once was, before it became bankrupt and was forced to shut its doors. The article had further impacted the plaintiffs’ emotionally, with each of the owners left distraught

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