Damages    February 20, 2024

Greiss v Seven Network (Operations) Limited (No 2)

Federal Court ... Sydney man awarded $37,940 in damages and interest over Facebook post reporting he spat "at" rape complainant ... Justification defence fails ... Contextual truth defence succeeds in respect of news item and tweet ... Honest opinion succeeds in respect of tweet ... Courts Editor Stephen Murray reports ... more

 

Damages    February 3, 2024

Courtney v Maguire; Maguire v Courtney

County Court of Victoria ... Retired businessman awarded $125,000 in aggravated damages ... Sued over Facebook posts made after he was critical of anti-brumby culling legal strategy ... Jury rejects counter-claim ... Claims of links to organised crime figures grounds for aggravation ... Courts Editor Stephen Murray reports ... more

 

Damages    January 28, 2024

Fong-Jones v Flow Chemical Pty Ltd

Supreme Court of Victoria ... Online activist and advocate for transgender rights awarded $445,000 in aggravated damages ... Sued Queensland host of notorious online forum Kiwi Farms ... No appearance by defendants ... Courts Editor Stephen Murray reports ... more

 

Damages    December 19, 2023

Spencer v McKay

County Court of Victoria ... Melbourne woman awarded $85,000 in aggravated damages ... Followed video claims she was a Luciferian and Satanist ... Imputation of devil worship ... Defences of justification, contextual truth and honest opinion defeated ... Courts Editor Stephen Murray reports ... more

 

Damages    November 19, 2023

Iskander v Barcos

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

 

Damages    October 16, 2023

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

 

Damages    August 27, 2023

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

 

Damages    August 3, 2023

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

 

Damages    July 8, 2023

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

 

Damages    June 27, 2023

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

 

Damages    June 26, 2023

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

 

Damages    May 29, 2023

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