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Damages Articles from 2014
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Damages    December 10, 2014  
Defamation cap rising well above inflation

An analysis of the 2005 defamation damages cap demonstrates that it is increasing at a rate far greater than inflation – up from $250,000 to $366,000 since 2006 … Melbourne media lawyer John-Paul Cashen crunches the numbers ... more

Damages    December 1, 2014  
Khurrum Awan v Ezra Levant

Free speech at issue in Canada as the Ontario Supreme Court finds allegations made by a right-wing journalist and blogger baseless and malicious … Damages of Can$80,000 ensue … This case note and comment from Inforrm ... more

Damages    December 1, 2014  
Nicholas Polias v Tobin Ryall & Ors

Poker player awarded $340,000 over defamatory and “scurrilous” Facebook posts by four defendants ... NSW Supreme Court Justice Stephen Rothman finds the first defendant deliberately lied on oath and the second’s conduct “vicious and malicious” ... more

Damages    November 27, 2014  
Melinda Pedavoli v Fairfax Media Publications Pty Ltd and Anne Davies

Offer of amends judgment finds heavily against the media – to the tune of an extra $300,000 … Justice Lucy McCallum judges Fairfax’s offer unreasonable in several critical respects, including the failure to Tweet an apology ... more

Damages    November 17, 2014  
Brian Fisher v Channel Seven Sydney Pty Ltd & Ors (No 4)

Channel Seven ordered to pay a former school bus driver $125,000 damages, despite the plaintiff being found to be “mendacious” by Justice Stephen Rothman ... more

Damages    November 5, 2014  
James Phillips v Robab Pty Ltd & Ors

Sticks and stones … Dispute between Sydney osteopaths results in $50,000 damages and a permanent injunction for a website alleging he stole patient records ... more

Damages    October 30, 2014  
Melinda Pedavoli v Fairfax Media Publications Pty Ltd and Anne Davies

Fairfax Media responds to attacks on the reasonableness of its offer of amends … Justice Lucy McCallum ponders the ordinary reasonable reader’s take on “predatory” sexual behaviour and considers the law in relation to Twitter ... more

Damages    October 27, 2014  
Melinda Pedavoli v Fairfax Media Publications Pty Ltd and Anne Davies

Case of mistaken identity involving allegations of paedophilia against a young female teacher at a Catholic boys’ school ends up as a trial of Fairfax Media’s offer of amends … Journalist is accused of knowing the information was false … An unusual case in several respects ... more

Damages    October 23, 2014  
Richard Graham v Allan Powell

NSW Supreme Court grants permanent injunction and awards $80,000 damages over “persistent” and “vicious” internet defamation … Default judgment after the defendant fails to make an appearance ... more

Damages    August 13, 2014  
Cosimo Tassone v Stephen Kirkham

Workplace hoax email results in defamation damages of $75,000 … SA District Court finds correctional services officer suffered psychiatric injury over being called promiscuous, of loose moral character, and for having his “sexual identity impugned” ... Rico Jedrzejczyk reports ... more

Damages    August 8, 2014  
North Coast Children's Home Inc. trading as Child & Adolescent Specialist Programs & Accommodation (CASPA) & Ors v Keith Martin

The perils of digital defamation … NSW District Court judge awards a total of $250,000 damages to three plaintiffs over a series of defamatory publications – including seven Facebook posts – which included allegations of child abuse ... more

Damages    June 25, 2014  
Aleksandra & Ljiljana Gacic & Branislav Ciric v John Fairfax Publications Pty Ltd & Matthew Evans (No 2)

Fairfax to pay over $600,000 in damages for a defamatory restaurant review published eleven years ago… NSW Supreme Court Justice Peter Hall refuses to backdate damages judgment, but awards indemnity costs … Rebecca Gall reports ... more

Damages    April 29, 2014  
Anthony Allen v Laurel Lloyd-Jones

The former mayor of Bega has his damages cut from $65,000 to $6000 after a partial re-trial … NSW District Court Judge Judith Gibson finds it true that he bullied and intimidated an Aboriginal woman during a phone call ... more

Damages    April 3, 2014  
Timothy Visscher v Maritime Union of Australia

Tugboat captain awarded damages of $90,000 over two defamatory articles published by the Maritime Union of Australia … All defences fail – truth, contextual truth, qualified privilege and honest opinion … Rebecca Gall reports ... more

Damages    March 25, 2014  
Brendan Ritson v Gary Burns

Former policeman who was called a criminal by gay rights activist is awarded damages of $7500 for publication to one person … NSW Supreme Court Justice Lucy McCallum says the action “warrants some explanation” ... more

Damages    March 14, 2014  
Bob Ell v Katie Milne

Billionaire property developer awarded damages of $15,000 for defamation by Greens councillor, neither of whom appeared at trial … Verdict based on documents and submissions ... more

Damages    March 3, 2014  
Christine Mickle v Andrew Farley

A former NSW schoolboy who posted abusive and defamatory statements on Twitter and Facebook about a teacher at his school ordered to pay $105,000 damages … NSW District Court Judge Michael Elkaim found “the effect of the publication on the plaintiff was devastating” ... Patrick George reports … more