County Court of Victoria ... Custom car upholsterer awarded $90,000 in aggravated damages ... Followed Facebook post claiming customer was scammed ... No appearance from defendant ... Courts Editor Stephen Murray reports ... more
Category: Damages
Russell v Australian Broadcasting Corporation (No 3)
Federal Court ... Former commando platoon commander awarded $390,000 in damages over Defence investigation claims ... First substantial decision on public interest defence in a superior court ... ABC and its journalists fail to establish belief in public interest was reasonable ... Aggravated damages rejected ... Courts Editor Stephen Murray reports ... more
Read v Gitman
NSW District Court ... Strata body office holder awarded $35,000 in aggravated damages ... Sued over emails sent to owners and tenants ... Qualified privilege defence defeated by malice ... Oversimplification to treat emails to neighbours as trivial ... Courts Editor Stephen Murray reports ... more
Callan v Chawk
Federal Court ... Plastic surgeon awarded $50,000 over one-star review on medical website ... Imputations of incompetence and negligence found to have been conveyed ... Defences of honest opinion and qualified privilege fail ... No aggravated damages ... Courts Editor Stephen Murray reports ... more
Derek Brammall v Benedict Ian Stevens
ACT Magistrates Court ... Canberra mortgage broker awarded $35,000 after default judgment ... Defamed in two emails sent by former co-director ... Serious harm found after business partner gave evidence of loss of trust ... Courts Editor Stephen Murray reports ... more
Wale v Hollins
Queensland District Court ... Cairns club manager awarded $120,000 in aggravated damages and $3600 in interest ... Followed emails sent to club directors, regulatory authorities, journalists and local politicians ... Vindication needed after front page splash in local paper ... Courts Editor Stephen Murray reports ... more
Rodgers & Anor v Gooding
Queensland District Court ... Townsville couple awarded $280,000 over false paedophile claims ... Published on local Facebook crime prevention page by next door neighbour ... Post online for hour and a half ... Grapevine effect ... Aggravated damages awarded ... Courts Editor Stephen Murray reports ... more
Lyell Steven Allen t/as AVL Electrical Services v Godley
District Court of WA ... Electrician awarded $35,000 plus interest and indemnity costs over one star reviews ... Had not provided services to defendant ... Dispute with neighbour over Christmas lights ... Injunctions granted ... Courts Editor Stephen Murray reports ... more
Armstrong v Assatryan & Ors
Victorian County Court ... Chocolate retailer awarded $125,000 against three defendants over online comments ... $70,000 awarded for claims of terrorism and poisonous chocolates ... Roots in territorial conflict between Armenia and Azerbaijan ... Courts Editor Stephen Murray reports ... more
Duma v Fairfax Media Publications Pty Ltd (No 4)
Federal Court ... Damages for senior PNG minister reduced by $80,000 to take into account confidential settlement ... Slip rule applied ... "Regrettable oversight" ... Confidential settlement failed to provide vindication or reparation for harm to reputation ... Courts Editor Stephen Murray reports ... more
Duma v Fairfax Media Publications Pty Ltd (No. 3)
Federal Court ... Senior PNG Minister awarded $545,000 in aggravated damages and interest ... Defamed by articles concerned with allocation of petroleum licence to an Australian interest and a PNG shell company ... Statutory qualified privilege defence rejected ... Mitigation of damages rejected ... Courts Editor Stephen Murray reports ... more
Kumova v Davison (No 2)
Federal Court ... Mining investor awarded $275,000 in aggravated damages over "pump and dump" tweets ... Failed defences of justification and honest opinion ... Damages aggravated by concerted campaign on Twitter, conduct of litigation and failure to make full discovery ... Courts Editor Stephen Murray reports ... more