NSW District Court ... Over $283,000 awarded over Facebook posts and comments ... Posts followed incident where child fell off bucking bull ... Liable for comments on Voller principles ... Plaintiff shunned and lost contracts ... Aggravated and special damages ... Courts Editor Stephen Murray reports ... more
Category: Damages
Wellington v Metcalf
Victorian County Court ... Shire councillor awarded $100,000 in aggravated damages from election rival ... Followed planning dispute over helicopter landing site ... Facebook posts during election campaign ... Failed defences of truth, statutory, common law and Lange qualified privilege ... Courts Editor Stephen Murray reports ... more
Mulholland v Langdon
Victorian County Court ... Mother and son running for council election win $55,000 and $25,000 in damages ... Leaflet distributed ahead of election ... Jury found imputations conveyed ... Palmer v McGowan considered ... Distinguished in respect of local council candidates ... Courts Editor Stephen Murray reports ... more
Tawhidi v Awad; Awad v Tawhidi
Victorian Supreme Court ... Adelaide-based Imam ordered to pay $20,000 to Melbourne lawyer and migration agent ... Bitter dispute arose after Imam's evidence to Senate committee ... Imam unsuccessful in claim against lawyer ... Courts Editor Stephen Murray reports ... more
Rayney v Reynolds (No. 4)
Western Australia Supreme Court ... Former barrister Lloyd Rayney awarded $350,000 in damages and $88,400 in interest ... Found to have been defamed at forensics seminar ... Investigator said no need for cold case review as offender was identified ... Aggravated damages ... No discount for award in separate proceedings ... Courts Editor Stephen Murray reports ... more
Burston v Hanson
Federal Court ... Former One Nation senator Brian Burston awarded $250,000 ... Found to have been defamed by former colleague Pauline Hanson in Today show interview ... Imputations of sexual abuse and assault without provocation found conveyed ... Burston found to have sexually harassed staff ... Courts Editor Stephen Murray reports ... more
Martin v Najem
NSW District Court ... Food blogger awarded $300,000 in aggravated damages ... Labelled a paedophile and a racist in Instagram stories ... Serious harm element ... Effect of amendments on cap on damages ... Power of District Court to grant permanent injunctions ... Courts Editor Stephen Murray reports ... more
Zuchowski v Howe; Howe v Cavendish Properties and Zuchowski
Victorian County Court ... Marina developer awarded $205,000 over Facebook comments ... Post-Voller decision ... Facebook administrator had control over comments ... Imputations of corruption ... Administrator succeeds in separate proceedings ... Courts Editor Stephen Murray reports ... more
Sherman v Lamb
Queensland District Court ... Man awarded $10,000 over ex-girlfriend's complaint to NSW Police ... Publication to ex-wife's solicitor not proved ... No duty to publish ... Malice ... Triviality defence defeated in respect of police complaint ... Aggravated damages ... Courts Editor Stephen Murray reports ... more
Molan v DailyMail.com Australia Pty Ltd
Federal Court ... Radio and television personality Erin Molan awarded $150,000 in aggravated damages ... Sued over Daily Mail article on Pacific Islander rugby league players' names ... Justice Bromwich rejects racist imputation ... Daily Mail warned about care and professionalism ... Courts Editor Stephen Murray reports ... more
Karzon v Pavlovic & Anor
Queensland District Court ... Gold Coast property owner awarded $78,279 in aggravated damages and interest ... Sued over claims he was aware one of his tenants was operating illegal brothel ... Qualified privilege defence defeated by malice ... No reciprocity of interest as premises were vacant ... Courts Editor Stephen Murray reports ... more
Palmer v McGowan (No. 5)
Federal Court ... Mining magnate Clive Palmer awarded $5,000 and Western Australian Premier Mark McGowan awarded $20,000 in cross claim ... Justice Michael Lee: "The game is not worth the candle" ... Judicial resources tied up when other real disputes await ... Lange defence considered ... More than nominal damages for Palmer ... Courts Editor Stephen Murray reports ... more