Daniel Taylor, the son of John Ibrahim, recently lost his defamation case against The Sunday Telegraph after the presiding Justice Anna Katzmann found that the Sydney newspaper did not insinuate Taylor was a ‘mobster’.
Mr Taylor, who has taken his mother’s surname, sued the newspaper and the journalist responsible for writing a 24-page spread some 4 years ago. The spread titled ‘Inside the House of Ibrahim: Unauthorised’, he claimed, incorrectly suggested he was involved in the Mafia and affiliated organised crime.
In the judgment handed down on Monday, Justice Katzmann held that no such meanings were conveyed from the newspaper piece. “The portrait of Mr Taylor is certainly unflattering. It does not paint him in a favourable light. And it is understandable that he would be unhappy about it,” she said. Accordingly, Her Honour dismissed Mr Taylor’s case and ordered him to pay costs.
A clear take away from this case is that a claimant must be certain the information published directly or indirectly or by implication, calls into question their character and standing. The claimant must also be certain that the information is not true or a fair comment and not merely sensationalist, as was the finding in Mr Taylor’s case.
If you believe you have a defamation claim and would like legal advice on the matter, visit our website sanickilawyers.com.au or call us on (03) 9510 9888.